Takings Law

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Takings Law
Section IV.C
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IV.C - 1
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RegulatoryTakings
Whether And When The Constitution Requires The
Government To Pay A Property Owner For Loss
Resulting From Government Regulation
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IV.C - 2
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The Takings Clause
Nor Shall Private Property Be Taken For Public
Use Without Just Compensation
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IV.C - 3
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What Is A Taking?
Eminent Domain By Means Of Condemnation
Proceeding Inverse Condemnation Regulatory Taking
If Regulation Goes Too Far
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IV.C - 4
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AD HOCBalancing Test
- Extent Of Economic Diminution - (Reasonable)
Investment-Backed Expectation - Character Of The
Government Action Penn Central Transportation Co.
v. New York City
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IV.C - 5
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Per Se Takings
Physical Invasion Loss Of All Economically
Valuable Use Of Property Lucas v. South Carolina
Coastal Council
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IV.C - 6
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TheDenominatorProblem
What Is The Overall Parcel Against Which The Loss
Is Measured?
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IV.C - 7
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Temporary Takings
Rescinding A Law Does Not Relieve The Obligation
To Compensate For Loss While The Law Was In
Effect First English Evangelical Lutheran Church
v. Los Angeles
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IV.C - 8
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Emergency
Firebreak Cases
The Nuisance Exception
Keystone Bituminous Coal Co. v. DeBenedictis
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IV.C - 9
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Permit Conditions
Nexus Between Condition And Purpose Nollan v.
California Coastal Commission Exaction's Must Be
Roughly Proportional To Purpose Dolan v. City
Of Tigard
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IV.C - 10
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Types Of Property
Real Property Personal Property Intangible
Property Contractual Interests Trade Secrets
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IV.C - 11
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BackgroundLimitations
Preexisting At Common Law Disagreement On Leeway
Of Legislature To Expand Public
Nuisance Antecedent Inquiry In Taking
Claims Lucas v. South Carolina Coastal
Council Preexisting Regulatory Scheme
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IV.C - 12
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WhatConstitutesPublic Use?
Government Must Have A Public Purpose Berman v.
Parker Hawaii Housing Authority v. Midkiff
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IV.C - 13
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What Is JustCompensation?
Market Value To Be Determined On Date Taking
Occurred Complexity Where Permits Or Navigation
Involved (Continued)
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IV.C - 14
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(Continued) Jurisdiction Claims Against Federal
Agencies Must Be Brought In The Court Of Federal
Claims Timing - Issues Of Ripeness, Finality,
Exhaustion
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IV.C - 15
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(Continued) Historical Unwillingness To Find
Takings Jentgen v. US Deltona v. US More
Recent Loveladies Harbor v. US Florida Rock
Industries v. US
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IV.C - 16
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(Continued) Whether A Permit Denial Would Be A
Taking Does Not Affect The Standards For Granting
Or Denying The Permit
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IV.C - 17
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(Continued) Permit Denial Affecting Entire
Property More Likely To Be A Taking Effect Of
Dolan On Mitigation Property Rights Legislation
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IV.C - 18
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Takings Law
Topic Summary Points 1. Takings
Clause 2. Eminent Domain Inverse
Condemnation 3. Too Far Balancing
Test 4. Physical Invasion Deprivation Of All
Value 5. Permit Conditions (Continued)
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IV.C - 19
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(Continued) 6. Types Of Property 7. Background
Limitations At Common Law 8. Public Use 9. Just
Compensation 10. 404 Permit Denials
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IV.C - 20