contracts + takings

Question 1

contracts clause

what does the contracts clause generally prohibit

Answer 1

prohibits states from enacting laws that retroactively impair contractual rights

Question 2

contracts clause

what does the clause prohibit for private contracts

Answer 2

only “substantial impairments” of contractual obligations. law may affect contractual obligations if:
1. it serves an important and legitimate public interest; and
2. it is narrowly tailored to promote that interest

Question 3

contracts clause

what is the general rule as to public contracts

Answer 3

generally, state or political subdivision cannot legislate to reduce or “undo” its own contractual obligations

Question 4

contracts clause

what are the narrow exceptions for public contracts

Answer 4

1. where the state has reserved to itself the power to revoke, alter, or amend a contract in the contract itself, a statute, or other law
2. when the law is narrowly tailored to serve another legitimate public interest

Question 5

takings clause

what is not considered a taking

Answer 5

mere regulation of property will not be considered a taking unless it deprives the owner of essentially all viable uses of the property

Question 6

takings clause

what is a land use regulation

Answer 6

government can require a dedication of property rights to state if it shows that the dedication condition relates to a legitimate government interest and that the adverse impact of the proposed development on the area is roughly proportional to the loss caused to the property owner from the forced transfer of rights

Question 7

takings clause

when is a takings clause almost always found

Answer 7

if there’s actual appropriation or destruction of a person’s property or a permanent physical invasion by the government or by authorization of law

Question 8

takings clause

when can the government take private property

Answer 8

1. taking is for public use
2. government pays the owner just compensation or FMV of the property taken

Question 9

takings clause

what does “public use” include

Answer 9

liberally construed; a use will be held to be public as long as it is rationally related to a legitimate public purpose (social, economic, or political ends)

Question 10

takings clause

when is a taking by a private enterprise authorized

Answer 10

as long as the taking will redound to the public advantage

Question 11

takings clause

what does just compensation typically mean

Answer 11

usually takes the form of monetary damages measured by the value of what was taken; not entitled to offset the increases in the value of the owner’s remaining property (if property owner derived some sort of benefit in the taking)