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Flashcards in Takings Deck (8):

Takings Clause

The 5th Amendment prohibits the govt from taking private property for public use without just compensation. The regulation is applicable to the states through the 14th amendment. The 5th amendment doesn't prohibit mere regulation of property.


Public Use (Takings)

Is satisfied if the state’s use of the property is rationally related to a conceivable public purpose and can include public benefit rather than actual public usage.


Just Compensation (Takings)

Just compensation is measured by the market value of the property at the time of the taking.


“Per se” Takings

Regulatory actions are “per se” takings if there is a a. Permanent physical invasion, or b. Denial of all economically beneficial use of property.


Non–“ per se” takings

To determine if a regulatory action is a taking, the court will consider: a. The economic impact on the claimant, b. The extent to which it has interfered with investment-backed expectations, and c. The character of the government action.


Decrease In Value of Property (Taking)

A mere decrease in the value of the owner's property is not a taking so long as it leaves the owner an economically viable use of the property.


Utility Companies Rates (Takings)

Regulating the rates that utility companies can charge is not a taking so longs as the rates are not so low that they are unjust and confiscatory.


Zoning Ordinances (Takings)

Zoning ordinances that regulate the way real property is used are permissible pursuant to the police power. Such regulations won't amount to a taking, even if they deny an owner the highest and best use of her property, unless they:
1. Amount to a physical appropriation; or
2. Deny an owner of all economic use; or
3. Unreasonably interfere with distinct, investment-backed expectations as set out in Penn Central.