Front | 3G. State Powers: Limits on SP: Takings and Impairments of Property Values |
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Back | 5th A: "nor shall private property be taken for public use, without just compensation" Taking is more than mere regulation (1) What's a taking? (a) YES, physical occupation of property by state or condemnation of property; (b) YES, denial of all rights in land or substantially all use in land; (c) MAYBE, impair use of property: (i) NO, if regulation closely related to a substantial public purpose [ex: must leave 50% of coal in ground, so earth doesn't collapse], (ii) YES, if not closely related; (d) NO, reduction in government benefits under a social program (2) Taking supported by a public purpose? (a) states given wide latitude, (b) purpose closely related to the state regulation (3) Just compensation? Money damages, from time use of property denied
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