Regulatory Takings (Mostly)
When government deprives an owner of his or her property by either taking title to it or by imposing a very burdensome regulation on it.
What is a taking?
The type of taking when government takes title to private property away from its owner.
What is a physical taking?
The early case that began the development of regulatory takings jurisprudence.
What is Pennsylvania Coal?
The kind of claim a property owner makes when they believe the government has "taken" the value of their land through regulation.
What is inverse condemnation?
A verb that means the action the government takes when it exercises its power of eminent domain.
What is to condemn?
The one (of 3) estates Pennsylvania Coal sold to Mahon's predecessor in title.
What is the surface estate?
When government regulation diminishes the value of the property to such an extent that it is as though the government physically deprived the owner of that property.
What is a regulatory taking?
The only purpose for which government can physically take private property.
What is a public use?
Three bright-line tests for when a regulatory taking has occurred.
What are categorical takings tests?
One way courts will find a taking that does not require application of a balancing test.
What is a categorical taking?
The process of the government exercising its power of eminent domain.
What is condemnation?
A 3-part balancing test for whether a compensable regulatory taking has occurred.
What is the Penn Central test?
Level of government that can "take" private property.
What is any level of government?
This behind-the-scenes trickery would cause a court to find that land condemned for a "public use" in fact doesn't meet that requirement.
What is if the "public use" is a pretext?
Justices Brandeis and Holmes differed on this question about what remaining portion of the value of the land to measure the taking against.
What is the denominator question?