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    Takings Flowchart

    Uploaded by

    Amanda
    This document outlines the process for determining if a government regulation constitutes a taking under the Fifth Amendment requiring just compensation. It involves analyzing factors such as whether there was a physical invasion, the economic impact on the owner, and the character of the regulation to determine if the regulation goes "too far" or if it satisfies the public use requirement to avoid being considered a taking. The flowchart provides guidance on which Supreme Court cases and tests apply for different types of situations involving eminent domain or inverse condemnation actions brought by either a government or private individual.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Takings Flowchart

    Uploaded by

    Amanda
    558 views1 page
    This document outlines the process for determining if a government regulation constitutes a taking under the Fifth Amendment requiring just compensation. It involves analyzing factors such as whether there was a physical invasion, the economic impact on the owner, and the character of the regulation to determine if the regulation goes "too far" or if it satisfies the public use requirement to avoid being considered a taking. The flowchart provides guidance on which Supreme Court cases and tests apply for different types of situations involving eminent domain or inverse condemnation actions brought by either a government or private individual.

    Original Description:

    Flowchart for Takings for Property (1L Law school)

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    This document outlines the process for determining if a government regulation constitutes a taking under the Fifth Amendment requiring just compensation. It involves analyzing factors such as whether there was a physical invasion, the economic impact on the owner, and the character of the regulation to determine if the regulation goes "too far" or if it satisfies the public use requirement to avoid being considered a taking. The flowchart provides guidance on which Supreme Court cases and tests apply for different types of situations involving eminent domain or inverse condemnation actions brought by either a government or private individual.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    558 views1 page

    Takings Flowchart

    Uploaded by

    Amanda
    This document outlines the process for determining if a government regulation constitutes a taking under the Fifth Amendment requiring just compensation. It involves analyzing factors such as whether there was a physical invasion, the economic impact on the owner, and the character of the regulation to determine if the regulation goes "too far" or if it satisfies the public use requirement to avoid being considered a taking. The flowchart provides guidance on which Supreme Court cases and tests apply for different types of situations involving eminent domain or inverse condemnation actions brought by either a government or private individual.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Takings

    Who is the Plaintiff?


    Eminent Domain Inverse Condemnation

    Government Individual

    Who gets it?


    Murr Categorical Analysis

    Denominator Physical Invasion?


    Private Test
    Gov (Loretto)/(Cedar Point)
    party “too far”
    Public Access? Whole parcel? yes No

    Yes No No Economic Use?

    (Lucas) (Murr)
    comprehensive plan to ease
    social harm or confer a social
    benefit?
    (Kelo) Yes No

    Yes No
    Ad Hoc

    (Penn Central)
    Public Use
    Satisfied
    Character of the regulation
    Public
    Use not Economic Impact on owner
    satisfied Investment-backed expectations

    Satisfied?

    No

    Taking! $$$$$$ Yes

    Not a
    taking

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