Practice for Eminent domain and Regulatory takings

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Practice for Eminent domain and Regulatory takings

Postby greenchair » Sat Nov 17, 2012 2:00 pm

Do most property classes not cover these topics?

The Crunchtime Property book doesn't even have a section on it for practice problems.

The Siegel's Property Essay book has no essays on eminent domain OR regulatory takings, whatsoever.

I just ordered the E&E, and hopefully that'll have some...

But damn. Does anyone know where else I can do some practice problems? Because regulatory takings ain't easy.

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Re: Practice for Eminent domain and Regulatory takings

Postby Gorki » Sat Nov 17, 2012 10:52 pm

My class covered it, and the Barbri 1L outlines had mentioned it IIRC. Basically you spot the issue: Is the court debating whether just compensation is being given for land taken for a public use(regulatory takings), or is the Court hung up on determining whether the act was in fact a takings (regulatory takings)?

Kelo gives you pretty much all you need to know about Eminent Domain, which if I remember is basically its a state/local police power and whatever the hell they want to do, they can do.

I remember Regulatory Takings falling into the "categorical rules" and the balancing test... Our prof made sure we knew the categorical rules, because if they apply they are dispositive on whether or not there is a takings... The "balancing test" according to our prof is almost always resolved in favor of the government... From my notes last year, this is how we learned the "balancing test":

"1. Damage to Owner > Public Interest
a. Owner: Diminution in value, distinct investment backed expectations – Almost Impossible to Win
i. Looking at entire parcel, not just afflicted area
ii. Can party still use property the way it was used prior to Owner’s desired development?
iii. Expectations measured by reasonableness/reliance
iv. Can still lose 80% of property/value and not have a takings
b. Public: Character of the action, no reciprocity of the advantage
i. If Comprehensive Plan exists – Almost always RB
ii. Do many suffer for the sake of a few?
iii. Character a physical invasion of some kind?"

I did not use any supplements, but maybe this will help a bit.

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