What level of scrutiny is applied to laws affecting economic rights, generally?
What does the takings clause allow?
Government can take private property for public use if it provides just compensation
What is the three stage test on a takings clause question?
1. Is there a taking?
2. Is it for public use?
3. Is there just compensation?
What is the difference between a possessory taking and a regulatory taking?
Government confiscation or physical occupation of property
Government regulation is a taking if it leaves no reasonable economically viable use for the property
To avoid being a regulatory taking, what is required of government conditions on property development?
Benefit must be routinely proportionate to the burden
Regarding what regulations can a property owner take a takings challenge?
Any regulation which existed at the time the property was acquired
Is temporarily denying an owner use of property a taking?
Not if the government's action is reasonable
What is the test for whether a taking is for public use?
If government acts out of a reasonable belief that the taking will benefit the public (virtually all takings meet this standard)
How is just compensation measured?
In terms of loss to the owner, not gain to the taker
What does the contracts clause prevent?
State or local interference with existing contracts
To what degree must rights under an existing contract be affected to trigger a claim under the contracts clause?
There must be a substantial impairment of rights
What scrutiny applies to interference with private contracts?
What scrutiny applies to interference with government contracts?
What is an ex post facto law?
A law which criminally punishes conduct that was lawful when it was done, or increases punishment for a crime after it was committed