Eminent Domain and Other Constitutional Protections

Question 1

Takings Clause

Answer 1

5th amendment prohibits the gov. from taking property for public use without just compensation.

Question 2

a regulation will constitute a taking if

Answer 2

1) amounts to physical appropriation 2) denies an owner to all economic use

Question 3

inverse condemnation

Answer 3

when the gov. acts in a manner that effectively deprives the owner of property - raises a cause of action for property owner

Question 4

contracts clause

Answer 4

prohibits states from retroactively impairing obligations of a contract

Question 5

when can a contract restriction be valid

Answer 5

valid only if 1) it serves an important and legit public interest AND 2) it is reasonable and narrowly tailored

Question 6

bills of attainder

Answer 6

constitution prohibits bills which are fed or state laws that punish without a trial past or future conduct specifically named individuals or ascertainable groups

Question 7

ex post facto

Answer 7

fed. or state criminal laws that make illegal an act that was legal when commited 2) increases penalties or punishments after commited 3) changes rules of evidence to make a conviction of a crime easier

Question 8

priv. and immunities clause of art 4

Answer 8

prohibits states from discrimination against non-resident out of staters with respect to important economic interest

Question 9

when can state discriminate against out of staters under at 4

Answer 9

substantial justification and there are no less restrictive means to solve the problem