Takings Clause
Constitutional Law · Lesson 12
Takings Clause
這一課問的是：政府之行為是否構成「徵收」而須付公正補償？
Actor
Act
Object
Standard
Consequence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
Takings Clause
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"Nor shall private property be taken for public use, without just compensation."
徵收條款。
public use
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Broadly construed (Kelo).
公用（廣解）。
just compensation
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Fair market value at time of taking.
公正補償。
regulatory taking
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Regulation so restrictive it amounts to a taking.
管制性徵收。
Penn Central balancing
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(1) Economic impact, (2) investment-backed expectations, (3) character of action.
Penn Central 三因素。
Rule Sentence · the workhorse
Under the Takings Clause, the government may take private property for public use only on payment of just compensation; a regulation may constitute a taking where it (1) denies all economically beneficial use, (2) effects a permanent physical occupation, or (3) fails Penn Central balancing.
Mini IRAC · build the Application
Issue. Does a permanent rule allowing labor organizers limited daily access to private farmland constitute a per se taking?
Rule. A permanent physical occupation of private property by government or its agents constitutes a per se taking requiring just compensation.
Application (model). The state rule grants labor organizers unconditional, recurring access to farmland for three hours per day, 120 days per year, without compensation. Because Cedar Point Nursery v. Hassid treats government-authorized physical invasion of private property — even partial and intermittent — as a per se taking, the fact that the regulation grants third parties a recurring right of physical entry without compensation means the per se physical-invasion rule is satisfied.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the rule constitutes a taking, and just compensation is required.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: