Takings Clause

Question 1

Takings (Rule)

Answer 1

The Fifth Amendment prohibits governmental taking of private property for public use without just compensation.

Question 2

Takings (Definition)

Answer 2

Defined by the governmental action, from an actual physical taking to various kinds of restrictions on use.

An actual appropriation or physical taking is almost always a taking.

Exceptions would be in an emergency.

Question 3

Use Restrictions (Use of Land)

Answer 3

If the government denies a land owner all economic use of the land - such as prohibiting erecting of any permanent structures - there is a per se total taking.

Where there is a temporary denial of all economic use, the court will weigh all factors to determine whether fairness and justice require just compensation. These factors include the length of the delay, the planners’ good faith, the economic effect of the delay, and the owners’ reasonable expectations.

Question 4

Regulations that Decrease the Value of Property

Answer 4

Regulations that decrease the value of property by denying its most beneficial use do not result in even a partial taking if thy leave an economically viable use. Three factors are balanced:

(!) the social goals sought to be promoted;

(2) the diminution in value to the owner; and
(3) the owner’s reasonable expectations regarding use of the property.

Question 5

Municipal Conditions and Building Permits

Answer 5

When municipalities condition building or development permits on either the landowners’ conveying title to part or all of the property to the government or granting pubblic access, this is an uncrompensated taking unless the government shows that the condition relates to a legitimate government interest and the adverse impact of the proposed building or development on the area is roughly proportional to the loss caused to the property owner from the forced transfer of occupancy rights.