Economic Sdp, Takings

Front 1

General Function of Substantive Due Process

Back 1

Substantive due process prohibits arbitrary governmental interference with certain protected interests in life, liberty, or property regardless of the fairness of the procedures used. Due process provides a heightened protection against government interference with certain fundamental rights and liberty interests.

Front 2

Principles of Substantive Due Process under Lochner v. New York

Back 2

1. The Due Process Clauses protect the freedom of contract.

2. The government may interfere with the freedom to contract only to protect health, safety, morals, ends reviewable by the judiciary.

3. The courts will carefully scrutinize the legislation to ensure it served it stated purpose

Front 3

Case that overturned Lochner and new test.

Back 3

United States v. Darby - Now we use rational basis.

Front 4

Rational Basis rule statement for Economic substantive due process

Back 4

A challenged economic or social legislation will be upheld unless no reasonable conceivable set of facts could establish a relationship between the challenged regulation and a legitimate governmental end.

Front 5

Takings Clause General Rules

Back 5

1. Not a prohibition against taking private property
2. Not an exercise of the state's police power. The police power may be used to regulate property but it does not become a taking unless it is overly restrictive.

Front 6

General Requirements to exercise takings power

Back 6

1. The property must be for a public use -
2. The government must pay just compensation

Front 7

Takings Clause Methodology

Back 7

1. Is there a taking?
a) Eminent Domain
b) Possessory Taking
c) Regulatory Taking
2. Is it property? (Real, personal, or tangible)
3. Is the taking for a "public use?"
4. Is just compensation paid?

Front 8

Regulatory Taking General Rule

Back 8

State regulation of property use does not generally constitute a taking unless the regulation goes "too far." Pennsylvania Coal

Front 9

Regulatory taking Determination

Back 9

a) Denying all economically beneficial use of the property is a taking but temporary development bans are not per se takings.

b) Other regulations use Penn Central Balancing Test.

Front 10

Takings Balancing Test

Back 10

a) Economic impact of the regulation
b) Extent to which the regulation interferes with a reasonable investment expectation; and
c) Character of the government action, including the reasonableness of the regulation.

Front 11

Pre-existing restrictions rule

Back 11

Property owners have standing to challenge regulatory restrictions on the use of property imposed before the acquired the property.

Front 12

Regulatory zoning laws/Conditional permits analysis

Back 12

1. Is there an "essential nexus" between the legitimate state interest and the permit condition exacted by the state; and

2. If a nexus exists, is there a "rough proportionality" between the condition and the impact of the development and governmental and social interests.

Front 13

Just compensation rule

Back 13

Just compensation is determined by loss in value to the property owner not in value to the government.