Chapter 6 Taking Clauses

Question 1

Takings Clause

Answer 1

Fifth Amendment: Nor shall private property be taken for public use, without just compensation.

Question 2

Eminent Domain

Answer 2

Government has the power to take private property as long as it is for public use and just compensation is paid.

Question 3

Condemnation

Answer 3

The legal process by which a governmental body exercises its right of “eminent domain” to acquire private property for public uses.
Condemned: When the government takes property.

Question 4

When is property taken?

Answer 4

1. Government may impose reasonable restrictions upon property use (you can’t operate a pig farm in downtown Manhattan).
2. Is there a point at which the regulation becomes so restrictive that the land has, in essence, been “taken” by the government, triggering the obligation to pay compensation?
3. Easement: They want to be able to use property for their construction, paying for a piece of your land.
4. Zoning Regulations.

Question 5

Lucas vs. South Carolina Coastal Council (1992)

Answer 5

Lucas purchased two oceanfront lots, and planned to build two houses there for profit. Before construction, SCCC passed regulations prohibiting construction in his area of the island in order to preserve the island from excessive erosion. Lucas still “owned” the lots, but claimed that the state had essentially “taken” his property and that he should be paid just compensation.
The Court: Regulations that deny the property owner all “economically viable use of his land” (the taking away) requires compensation!

Question 6

What is Public Use? (3 ways)

Answer 6

1. Public Ownership. 2. Use-by-the-Public. 3. Public Purpose.

Question 7

Public Ownership

Answer 7

Schools, roads, community centers, municipal buildings, etc.

Question 8

Use-by-the-Public

Answer 8

Privately or quasi-publicly owned: airports, hospitals, train stations, utilities to serve the public.

Question 9

Public Purpose

Answer 9

Are there circumstances under which government may take private property and give it to another private owner? (Look at two examples)

Question 10

Washington DC Public Purpose Example

Answer 10

An entire city block consisted of rundown, abandoned apartment buildings owned by various private parties. The city condemned the whole block, turning the parcel over to a private developer. The taking was justified because the buildings, as they existed, constituted a public safety danger! (Key takeaway) Taking private property from a private owner and giving it to another private owner to eradicate a problem!

Question 11

Hawaii Public Purpose Example

Answer 11

Home ownership is generally considered an important cornerstone of American democracy. The state took some of the large tracts of land from the private owners and divided them up into small tracts for sale to prospective homeowners.
The taking was justified because the ownership condition, as it existed, constituted a public policy detriment (“the social and economic evils of land oligopoly”).
The land itself was a social problem that needed to be fixed! People couldn’t’t own the property!

Question 12

Kelo vs. New London (2005)

Answer 12

1. The City of New London’s Development Authority decided on an economic development plan to take numerous homes by eminent domain to create one large parcel of land, that could be turned over to a developer who would dovetail a project to be built alongside a conference center development built by the pharmaceutical giant, Pfizer.
2. Does a city’s need for economic development meet the “public purpose” definition of public use to constitutionally justify use of the eminent domain power?
3. The Court: Court said it does! This was not a public hazard, but the land could be used to benefit the public use, and promote economic development! (New jobs and increased tax revenue).
4. Thirty-five states changed their eminent domain laws to promote economic development after this (CT did not change their law).