PropertyLandUse - Property I Land Use Laura Rothstein...

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Land Use © Laura Rothstein Takings jurisprudence balances public interest in land control against private interest in determining what one wants to do with his/her own land. Authority is based on the police power to control health, safety, welfare and morals – pursuant to the Constitution (5 th th Amendments) Private property cannot be TAKEN for PUBLIC USE , without JUST COMPENSATION . Just compensation -- Payment for market value usually; not owner’s personal value. Complex assessments re: whether to use value of land taken or difference in value of original parcel and value of parcel after the taking. First English – if regulation constitutes taking, compensation required, even if impact is for short period of time Pre 1987 Informal, ad hoc factual inquiries Three questions usually considered: 1) Has state taken P’s property 2) Is there a public purpose 3) Is there just compensation What is public use? Includes public purpose. Euclid v. City of Ambler (1922) – regulation of use/area/height permissible Substantial deference to local (or state) legislature or equivalent body. As long as there is a rational relationship to a legitimate goal (health, safety, welfare, morals), Taking from private and turning over to private is allowed, but Hawaii Housing Authority v. Midkiff (S Ct 1984) Upholds restribution plan – large landowners required to sell land to state agency because it had been held by a small number of landowners. Test is whether the legislature
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PropertyLandUse - Property I Land Use Laura Rothstein...

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