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11 Cards in this Set
- Front
- Back
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Eminent Domain |
Governments have the power to force unwilling persons to sell property to them |
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Regulatory Takings |
Takings occurring when a government's regulation of private property goes too far. |
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Public Use Berman v. Parker Take an area in DC and transfer it to a private third party as an urban development. |
As long as the government benefits from the taking, the public use clause is satisfied. |
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Public Use Hawaii Housing Authority v. Midkiff Took property and condemned area and sold it to private party. Once property is identified as a legitimate sate interest, it has the power to take. |
TheCourt's cases have repeatedly stated that 'one person's property may not betaken for the benefit of another private person without a justifying publicpurpose, even though compensation be paid. The takings to correct concentratedproperty ownership was a legitimate public purpose. |
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Kelo-servesa public purpose, the government can take the property. |
A state’s use of eminent domain to condemn propertyfrom private individuals and redistribute it to other private individualsconstitutes a “public use” under the Fifth Amendment if it is rationallyrelated to a conceivable public purpose. |
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Just compensation |
Compensation must be paid at fair market value at the time of the taking. |
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Physical Invasions |
When the government physically invades or occupies private property, or by statute or regulation authorizes a third party to do so. |
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Government defense to physical invasions |
Government doesn't have a defense. |
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Total Taking |
Government regulation prohibits all economically beneficial or productive use of private land. |
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4 Characters of Government Action |
1) physical invasions and occupations by the government, 2) the misuse of the regulatory authority of the government 3) uncertainty in the application of regulations so that an owner is unable to plan for the use of property 4) the importance of government action |
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What is the time limit for a government taking to have occurred before development of the land? |
10 years |
