US Constitutional Law: Takings Clause

5th Amendment: Takings Clause

What exactly is Emminent Domain? What requirements exsist when the government wants to take property? Under the 5th Amendment no person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. The takings clause generally deals with condemnation under the 5th amendment whereby the government is taking the property for a public purpose with just compensation to the individual. Under the 5th Amendment no person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. The takings clause generally deals with condemnation under the 5th amendment whereby the govern is taking the property for a public purpose with just compensation to the individual.

 

Takings: Physical Taking

 

1. Connections (nexus) between government purpose and what the property is being taking for.

2. Rough proportionaity (reasonable relationship) The burden is generally to the government versus the benefits.

 

Regulatory Taking

 

Penn Central

 

1. Economic Impact

2. Any Physical Invasion

3. Broad Public Purpose

4. Is Regualtion Comprehensive

5. Is Property being used Noxious

6. Is government trying to acquire resources to a uniquely government function

 

Moreover, there is some crossover into Due Process to Equal Protection analysis.The 2 are not mutually exclsuive.

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US Government



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Bill of Rights Constitutional Law long term implications (US case law & Precedent).