Ii issue is this a violation of the contracts clause

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ii. Issue : is this a violation of the contracts clause? iii. Holding : No. 1. The threshold inquiry is: “whether the state law has, in fact, operated as a substantial impairment of a contractual relationship?” 2. If yes the state must have a significant and legitimate public purpose behind the regulation (such as the remedying of a broad and general social or economic problem). a. If yes (there is a legitimate public purpose) whether the the law is reasonable and [is] of a character appropriate to the public purpose justifying the legislation’s adoption?” 10
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3. Unless the state itself is a contracting party, courts properly defer to legislative judgments as to the necessity and reasonableness of a particular measure. iv. In other words, a 3-part test: 1. Is there a substantial impairment of a contractual relationship? 2. If so, does it serve a significant and legitimate public purpose? 3. Is it reasonably related to achieving the goal? VII. Possessory Takings a. 5th Amendment: “Nor shall private property be taken for public use without just compensation.” b. Two types of takings: i. Eminent Domain – the power of local, state or federal government agencies to take private property for public use provided the owner is paid just compensation. ii. Inverse Condemnation – when the government acquires or appropriates private property without following eminent domain procedures and without paying just compensation. P sues for compensation. c. Analysis: i. Is there a taking? 1. Takings can be possessory (when the Government confiscates or physically occupies your property) or regulatory (when government regulation leaves no reasonable economically viable use of the property). ii. Is it property? 1. Generally, the Court looks to state property laws to answer this question. iii. Is the taking for public use? iv. Is “just compensation” paid? 1. Just compensation is measured in terms of the owner’s loss, NOT the gain of the taker. d. What constitutes a taking? 1. The Court always finds a taking when there has been a permanent physical occupation of the property. “Where real estate is actually invaded by superinduced additions of water, earth, sand, or other material, or by having any artificial structure placed on it, so as to effectually destroy or impair its usefulness, it is a taking, within the meaning of the Constitution.” Judicial decisions can also constitute a taking (all that matters is that it is the Government, not which branch). 2. US v. Causby , 1946 a. Facts : Airplane flying too low over the property. It was so low that the trees on the property were rustled and leaves 11
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fell off. The chickens on the farm were so scared they were running into walls and dying. Flying so low that it would not be allowed by the FAA today. b. Issue : Did this constitute a taking?
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  • Spring '18
  • Government, Fourteenth Amendment to the United States Constitution

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