Take a Load Off, Annie
In Nollan v. California Coastal Commission, the court held that when evaluating conditions placed on land use permits, this relationship must exist between a stated public purpose and the permit condition.
What is an essential nexus?
In Kelo v New London, they determined that the 5th amendment’s “public use” requirement only requires a “public __”.
What is “purpose”?
A judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another is called ____.
What is an injunction?
A connection between the private land owner’s development activity and its impact on public resources, sufficient to justify a demand by the government that the owner gives up something (typically land) in exchange for being permitted to proceed with his private activity that produces that negative impact, is called_____________.
What is essential nexus?
When a regulation limits the economically beneficial use of a property, it is considered to be what style of takings claim?
What is a Penn Central style takings claim?
A permanent physical occupation of private property by the government without compensation is always an______.
What is illegal taking?
When a regulation negates all economically beneficial uses of a property, it is considered to be what style of a taking?
What is a Lucas-style takings claim?
When the facts of the case have matured into an existing substantial controversy warranting judicial intervention, a case is considered ____.
What is ripe?
What is the name of the legal principle that requires compensation for a regulatory taking?
What is the “just compensation clause.”
Zoning and permit conditions are constitutional when two conditions are met.
What is an essential nexus and rough proportionality?
According to Dolan v. City of Tigard, conditions on land use are constitutional if the degree of conditions is _____ with the negative impacts of the development.
What is proportional?
In Murr v. Wisconsin, the court used a principle to determine that in regulatory takings claims, the entire property subject to the regulation should be considered, not just the property that is the center of the claim. What is the name of this principle?
What is the “Parcel as a whole” principle?
When a government takes a property for public use that greatly damages the value of the plaintiff’s property, this is called ____.
What is inverse condemnation?
What was the legal term used to describe the Coastal Commission's demand for the easement in the Nollan v. California Coastal Commission case?
What is a "dedication"?
One of the greatest tenets of private property ownership.
What is the right to exclude others from using it?
A takings claim based on the application of governmental regulations to a property is not _____ if the government has not reached a final decision regarding the property.
What is ripe?
There are two categories of regulations that constitute per se takings under the 5th Amendment’s Takings Clause. They are __:
What is a “Regulation that constitutes a physical invasion of property and a regulation that denies all economically beneficial or productive use of property”?
A comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case, and as such, it is not legally binding on other courts but may still be cited as persuasive authority in future litigation.
What is dicta?
When legislative adjustments are made to economic benefits and burdens to ensure everyone’s reciprocity of advantage, this is called ________________.
What is balance the equities?
A land use regulation is constitutional when it ___ and ____.
What is substantially advances a legitimate public interest and leaves the landowner with an economically viable use?
A takings claim is not ripe if the plaintiff has not sought compensation through ____.
What is the government’s procedures?
In Koontz v. St. Johns River Water Management District, the government’s demands were found to be unconstitutional despite no property ever being taken. The failure of this taking did not matter because the protection is against illegal _______.
What is “burdens on 5th amendment rights”?
A condition for development imposed on a parcel of land that requires the developer to mitigate anticipated negative impacts of the development is called ____.
What is an exaction?
In Murr v. Wisconsin, SCOTUS determined WHICH three considerations constitute an illegal taking?
What is “disputed law’s treatment of the subject property”, “property’s physical site conditions”, and “the property’s post-regulatory land value”?
Permit approval conditions are subject to the Nollan/Dolan rule even when ___.
What is even when the government denies the permit application and even when the government demands money instead of property?