Takings

Question 1

Takings - Definition

Answer 1

Private property shall not be taken for PUBLIC USE without JUST COMPENSATION

Needs to be RATIONALLY RELATED to a CONCEIVABLE public purpose.

Question 2

Takings - Public Use / Just Compensation

Answer 2

Public Use - Need only be RATIONALLY related to a CONCEIVABLE PUBLIC PURPOSE

Includes taking private property to resell for economic development purposes

Just Compensation - Fair Market Value at the time of taking

Question 3

Takings X Regulation

Answer 3

If there is a mere regulation on property, compensation is generally not necessary

Question 4

Takings X Regulation

Economic Impact

Answer 4

An adverse economic impact of the government’s action does not necessarily mean there has been a taking.

Regulation can affect the value of the property but that does not trigger a right to compensation

Question 5

Takings - Physical Occupation

Answer 5

If the government physically occupies a private owner’s property, then a taking has occurred and it owes just compensation

Question 6

Zoning (Taking?)

Answer 6

Not a taking and no compensation is required, so long as the zoning ADVANCES LEGITIMATE INTEREST and does not EXTINGUISH a FUNDAMENTAL ATTRIBUTE of ownership

However, a zoning regulation can be considered a TAKING when it leaves NO ECONOMICALLY VIABLE USE for the property

Question 7

Regulatory Taking

Answer 7

A zoning regulation can be considered a taking when it leaves no economically viable use for the property