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Property State Public Regulation Closely Taking B Related

Front 3G. State Powers: Limits on SP: Takings and Impairments of Property Values
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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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