Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
6 Cards in this Set
- Front
- Back
|
Did the government regulatory action constitute an Unconsitutional Taking of Private Property or a violation of Substantive Due Process?
|
Where state agencies or local governments exercise regulatory authority affecting the use of private property, they must be sensitive to the constitutional limits on their authority to regulate private property rights.
|
|
|
A Private Citizen must have standing to challenge the govenment action.
|
Washington's Growth Management Act (& other state & local land use planning activities, specific permitting decisions, and proposed regulatory actions)
|
|
|
What is a "regulatory taking"
|
A government regulatory activity that has the EFFECT of APPROPRIATING PRIVATE PROPERTY even though that outcome may not have been intended.
|
|
|
What is the Remedy for a "Taking"?
|
If a court concludes that private property has been "taken" by regulatory activity, it will order the payment of JUST COMPENSATION equal to FMV of the property that has been taken, together with COSTS and ATTORNEY'S FEES.
In other cases, a government regulation may be INVALIDATED if it is found to vioalte constitutional SUBSTANTIVE DUE PROCESS rights. |
|
|
Process for Evaluating Proposed Regulatory or Administrative Actions to Avoid Unconstitutional Takings of Private Property.
|
State agency and
local government actions implementing the Growth Management Act. Examples of these actions include the adoption of development regulations and designations for natural resource lands and critical areas, and the adoption of development regulations that implement the comprehensive plan or establish policies or guidelines for conditions, exactions, or impact fees incident to permit approval. A similar assessment, by both staff and legal counsel, should be used for the conditioning or denial of permits for land use development. Other regulatory or administrative actions proposed by state agencies or directed by the Legislature should be assessed by staff and legal counsel if the actions impact private property. 4. Incorporate Constitutional Assessments Into the Agency’s Review Process. |
|
|
WARNING SIGNALS! Examples of situations that may raise constitutional Issues!!!
Checklist to evaluate planning activities, specific permitting decisions, and proposed regulatory actions? |
If I answer YES to any of these questions, poceed with TAKINGS ANALYSIS!
|
