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24 Cards in this Set
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What was Munn v. Illinois; U.S. Supreme Court (1876)? |
The Court found that a state law regulating pricing did not constitute a taking. The Court established the principle of public regulation of private businesses in the public interest.
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What was United States v. Gettysburg Electric Railway Company; U.S. Supreme Court (1896)? |
The Court ruled that the acquisition of the national battlefield at Gettysburg served a valid public purpose. This was the first significant legal case dealing with historic preservation. |
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What was Pennsylvania Coal Co. v. Mahon; U.S. Supreme Court (1922)?
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The court found that if a regulation goes too far it will be recognized as a taking. This was the first takings ruling and defined a taking under the 5th Amendment. |
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What was Berman v. Parker; U.S. Supreme Court (1954)?
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The court held that aesthetics is a valid public purpose. The court found that urban renewal was a valid public purpose. |
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What was Penn Central Transportation Co. v. The City of New York; U.S. Supreme Court (1978)?
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The court found that
a taking is based on the: 1) extent of the diminution of value, 2) interference with investment backed expectations, and 3) the character of the government action.
The court weighed the economic impact of the regulation on investment backed expectations and the character of the regulation to determine whether the regulation deprives one of property rights. The court found that the New York City Landmark Preservation Law as applied to the Grand Central Terminal did not constitute a taking. |
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What was Agins v. City of Tiburon; U.S. Supreme Court (1980)?
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The Court upheld a city's right to zone property at low-density and determined this zoning was not a taking.
The appellants had acquired five acres of unimproved land for residential development. The City adopted zoning ordinances that placed the appellants' property in a zone where property may be devoted to one-family dwellings, with density restrictions permitting appellants to build between one and five single-family residences on their tract. Without having sought approval for development of their tract under the ordinances, appellants brought suit against the city in state court, alleging that the city had taken their property without just compensation in violation of the Fifth and Fourteenth Amendments, and seeking a declaration that the zoning ordinances were facially unconstitutional.
If a regulation deprives a property of all economically viable use and fails to advance a legitimate government interest, it is a taking.
Established Test: "Deprives Property of all economically viable use". |
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What was Loretto v. Teleprompter Manhattan CATV Corporation; U.S. Supreme Court (1982)?
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The court found that where there is a physical occupation, there is a taking. The cable television company installed cables on a building to serve the tenants of the building and to serve other buildings. The property owner brought a class action suit claiming that allowing the cable company to occupy the land was a taking. |
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What was First English Evangelical Lutheran Church of Glendale v. County of Los Angeles; U.S. Supreme Court (1987)?
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The court found that if a property is unusable for a period of time, then not only can the ordinance be set aside, but the property owner can subject the government to pay for damages. Even a temporary taking must receive just compensation. The court found that the County could either purchase the property out-right or revoke the ordinance and pay the church for its losses during the time of the trial. |
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What was Keystone Bituminous Coal Association v. DeBenedictis; U.S. Supreme Court (1987)?
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The Court found that the enactment of regulations did not constitute a taking. The Court found that the enactment of the Act was justified by the public interests protected by the Act.
Pennsylvania's Bituminous Mine Subsidence and Land Conservation Act prohibits coal mining that causes subsidence damage to pre-existing public buildings, dwellings, and cemeteries. The Act requires that 50 percent of the coal beneath four protected structures be kept in place to provide surface support. The Coal Association alleged that this constituted a taking. |
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What was FCC v. Florida Power Corporation; U.S. Supreme Court (1987)?
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The Court found that a taking had not occurred. The public utilities challenged a federal statute that authorized the Federal Communications Commission to regulate rents charged by utilities to cable TV operators for the use of utility poles. |
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What was Nollan v. California Coastal Commission; U.S. Supreme Court (1987)?
-Exactions |
The Court found that regulations must serve a "substantial public purpose" and that exactions are valid as long as the exaction advances that government interest.
The court also found that the California Coastal Commission’s requirement to dedicate an easement for public beach access was not reasonable. |
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What was Lucas v. South Carolina Coastal Council; U.S. Supreme Court (1992)?
--Exactions |
The Court found that there is a taking if there is a "total reduction in value" (no viable value left) after the regulation is in place, except where derived from the state’s law of property and nuisance. The court found that Lucas purchased the land prior to the development regulations being put in place and so constituted a taking. |
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What was Dolan v. Tigard; U.S. Supreme Court (1994)?
--Exactions |
The Court found there must be a "rational nexus" between the exaction requirement and the development.
The "rough proportionality" test (a reasonable relationship between the development and the exaction being requested) was created from this case. The court found that conditions that require the deeding of portions of a property to the government can be justified where there is a relationship between the nature and extent of the proposed development. The court overturned an exaction that required dedication of a portion of the floodplain by a commercial business that wanted to expand. |
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What was Suitum v. Tahoe Regional Planning Agency; U.S. Supreme Court (1997)?
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The Court in this case was answering the question of whether an owner must attempt to sell their development rights before claiming a regulatory taking of property without just compensation.
The Court found that Suitum's taking claim was ripe for adjudication. The petitioner owned an undeveloped lot near Lake Tahoe. The Tahoe Regional Planning Agency found that the lot could not be developed under the agencies' regulations, but that Suitum could sell the development rights under the Transfer of Development Rights program. Suitum sued claiming a taking requiring compensation. |
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What was City of Monterey v. Del Monte Dunes at Monterey Ltd.; U.S. Supreme Court (1999)?
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The Supreme Court upheld a jury award of $1.45 million in favor of the development based on the city's repeated denials of a development permit for a 190-unit residential complex on ocean front property. The development was in conformance with the city's comprehensive plan and zoning ordinance. The court found the repeated denials of permits deprived the owner of all economically viable use of the land. |
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What was Palazzolo v. Rhode Island; U.S. Supreme Court (2001)?
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The property owner claimed inverse condemnation against the Rhode Island Coastal Resources Management Council. The land owner was denied a permit to fill 18 acres of coastal wetlands to construct a beach club and was therefore an unlawful taking. The Supreme Court found that claims are ripe for adjudication--most importantly, acquisition of title after the effective date of regulations does not bar regulatory taking claims. The case was remanded. |
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What was Tahoe-Sierra Preservation Council, Inc. et al. v. Tahoe Regional Planning Agency et al.; U.S. Supreme Court (2002)?
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The Court found that the moratoria did not constitute a taking requiring compensation. The Tahoe Regional Planning Agency imposed two moratoria on development in the Lake Tahoe Basin while the agency formulated a comprehensive plan for the area. A group of property owners sued, claiming a taking. |
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What was Lingle v. Chevron USA, Inc.; U.S. Supreme Court (2005)?
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The Court overturned a portion of the Agins v. City of Tiburon precedent, declaring that regulation of property effects a taking if it does not substantially advance legitimate state interests. Inapplicability of "substantially advances" test. The court found this prong of the formula imprecise and not appropriate for determining if a taking has occurred. The other prong of the formula under Agins related to denial of economically viable use is unaffected. |
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What was City of Rancho Palos Verdes v. Abrams; U.S. Supreme Court (2005)?
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The Court ruled that a licensed radio operator that was denied conditional use permit for an antenna cannot seek damages because it would distort the congressional intent of the Telecommunications Act of 1996. |
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Kelo v. City of New London; US Supreme Court (2005) |
The Court ruled that a economic development is a valid use of eminent domain. The Court found that it is not in a position to determine the amount or character of land needed for a particular public project. |
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Stop the Beach Renourishment Inc. v. Florida Department of Environmental Protection; US Supreme Court (2009) |
The Court ruled that submerged lands that would be filled by the state did not represent a taking to the waterfront property owners. |
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5th Amendment Cases |
"No person shall be deprived of property, without due process of law; nor shall private property be taken for public use, without just compensation.
Just compensation for takings - Applies in cases of takings and eminent domain
Whenever a case if a 5th Amendment case, it is also a 14th Amendment case (violation of Due Process). HOWEVER, a 14th Amendment case is not always a 5th Amendment violation. Why? -- The 5th Amendment placed limits on the federal government. So how does it relate to the states and local municipalities? The 14th Amendment "No State shall deprive and person of property, without due process of law". The courts have said that "Substantive Due Process", the restrictions on the states found in the 14th Amendment, include the rights incorporated in the 5th Amendment. |
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5th Amendment Cases: About TAKINGS |
Applications: ---Standards: takings can occur during ordinance writing and/or amendment; ---Long processes: A taking can occur when the development process takes a long time and the property owner cannot use their property in the manner they wish to use it; ----Conditions: A taking can occur with the conditions of approval.
Types: ---Economic: impact and expectations ---Exactions: nexus and rough proportionality - There must be a Nexus (a relationship between what is asking to be exacted and the proposed development) and a Rough Proportionality (The thing you are demanding of the new development must be proportional to the new development) between the Exaction and the proposed development) - Rough Proportionality typically comes into play during code administration. |
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5th Amendment Cases: About EMINENT DOMAIN |
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