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Flashcards in Takings Clause Deck (4)
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Takings Clause

  • private property shall not be taken for public use without just compensation.
  • also applies to the states through the Due Process Clause of the Fourteenth Amendment. 


How can a taking occur?

  1. direct government appropriation;

  2. a regulatory taking;

  3. temporary restrictions; or

  4. conditional permits. 


Public use requirement

Govt has the power to take private property if it will be used for public use = will benefit the public


When is a land-use regulation a taking?

When it denies an owener all reasonable, economical beneficial use of her land

(Any permanent, physical invasion, no matter how minor)