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6 Cards in this Set

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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
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!