VII. Constitutional Dimensions - Takings

Question 1

Pennsylvania Coal v. Mahon

Answer 1

While the use of property may be regulated, overregulation will be considered a taking.

Pennsylvania Coal conveyed surface of land to Mahon, but continued to mine underneath the property, which would damage the surface of the land if it kept mining.

Question 2

Penn Central Transportation v. City of New York

Answer 2

In determining whether a state regulation constitutes a taking under the Fifth and Fourteenth Amendments, courts should consider the economic impact of the regulation on the owner, the extent to which the regulation has interfered with the owner’s reasonable investment-backed expectations, and the character of the government action involved in the regulation.

NY refused to allow Penn Central to build an office building above Grand Central Terminal since it was a historical landmark and the construction would block air and light.

Question 3

Loretto v. Teleprompter Manhattan CATV

Answer 3

A permanent physical occupation authorized by government is a taking requiring the payment of just compensation without regard to the public interests that it may serve or the fact that it only has a minimal economic impact on the property owner.

Teleprompter CATV installed cable facilities on Loretto’s roof and side of her building.

Question 4

Lucas v. South Carolina Coastal Council

Answer 4

A state regulation that completely deprives private property of all its economic value constitutes a taking under the Fifth and Fourteenth Amendments that requires the payment of just compensation to the property owner, unless the economic activity prevented by the regulation is not part of the owner’s initial title or property rights when acquiring the property.

Coastal Council doesn’t allow Lucas to build any permanent structures on his beachfront lots.

Question 5

Nollan v. CA Coastal Commission

Answer 5

A permit condition may constitute a taking if there is not an essential nexus connecting the imposition of the condition to a legitimate state interest in solving a problem relating to the development.

Commission tried to attach easement to building permit for public to cross Nollan’s property for beach access.

Question 6

3 Categorical Tests by Supreme Court

Answer 6

• a permanent or temporary physical occupation by government or authorized by government is a taking (Loretto v. Manhattan CATV).
• a regulation that causes the loss of all economically beneficial or productive use of land is a taking, unless
  justified by background principles of property or nuisance law such as noxious use. (Lucas v. South Carolina Coastal Council)
  a. unless the economic activity prevented by the regulation is not part of the owner’s initial title or property rights when acquiring the property (basically if the regulation prevented an act that was already prohibited).
• a taking occurs when government demands an exaction that has:
  a. no connection(no essential nexus) between the condition and the government’s interest in regulating the landowner’s activity; or
  b. lacks rough proportionality to the impacts of the project. (Nollan v. CA Coastal Commission)

Exaction is a condition for development imposed on a parcel.