Takings

Question 1

Eminent Domain

Answer 1

power of government to exercise authority to appropriate private property for public use

Question 1

Fifth Amendment

Answer 1

“Nor shall private property be taken for public use, without just compensation”

Question 2

Taking Analytical Framework

Answer 2

i. Did gov take private property
ii. For public use
iii. Just compensation for land

Question 3

Takings Categorical Rules
PER SE

Answer 3

i. Per Se Rules:
1. A taking occurs when there is a physical intrusion even if partial
2. A nuisance control ordinance is never a taking
3. While the use of property may be regulated, overregulation will be considered a taking

Question 4

A regulatory taking does not occur if the regulation:

Answer 4

i. Is merely harm preventing or
ii. Leaves the owner with an economically viable use of land (economic balancing)