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- Although it is established that government may take private property, with compensation, to promote the public interest, that interest also may be served by regulation of property use pursuant to the police power, and for years there was broad dicta that no one may claim damages that result from a police regulation designed to secure the common welfare, especially in the area of health and safety. 1 What distinguishes eminent domain from the police power is that the former involves the taking of...
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- Physical Takings. Perhaps the simplest to describe, and the most common, physical takings are the straightforward process of a government – or another entity with the power of eminent domain (ED) – creating a simple public-use case for all or part of a property.
- Regulatory Takings. For regulatory takings, on the other hand, there is an exercise of authority involved—in this scenario the government enforces ED power by regulating a property’s use, such as through zoning.
- Pro Tanto Takings. What industry-people call a pro tanto taking, or a “substantial interference” taking, relates to a fundamental property interest tied up in the ‘bundle of sticks’ of property rights a landowner once held, which are (in essence) being ‘taken’ away.
The issue of regulatory takings arises from the interaction between exercise of the traditional police power and exercise of eminent domain. The police power is the inherent state government power, to do what is reasonably necessary to promote and protect public health, safety, welfare and morals.
May 22, 2023 · The second is the constitutional protection against “inverse condemnation,” which occurs by government action that causes a physical property interest that the government has not first acquired through eminent domain or by regulatory restrictions that impact the value of existing property.
Jun 6, 2024 · This comprehensive guide explores the Takings Clause of the Fifth Amendment, focusing on eminent domain, just compensation, historical context, legal interpretations, and significant case law shaping property rights and government takings.
The power of the government through the use of eminent domain, to take private property and convert it into public use, is referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
This concept is critical in assessing the compensation owed to property owners when their land or property is taken or regulated by the government under the law of eminent domain or regulatory takings, ensuring that they receive just compensation based on the current market conditions.
Jul 27, 2022 · A regulatory taking is a situation where the government limits the legal use of private property to the point that the owner essentially cannot use it. In addition to the physical taking of land for government use, the Fifth Amendment also covers “regulatory takings.”
