Eminent Domain & Takings
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Real Property · Lesson 14
Eminent Domain & Takings
這一課問的是：政府之行為是否構成「徵收」私產？若是 — 須付「公正補償」嗎？
Actor
Act
Object
Standard
Consequence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
eminent domain
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Sovereign power to take private property for public use.
徵收權。
public use
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Constitutional requirement for taking (broadly construed).
公用。
just compensation
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Fair market value of the property taken.
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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Test for regulatory takings — economic impact, interference with investment-backed expectations, character.
Penn Central 衡平。
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 effects a taking where it denies all economically beneficial use, is a permanent physical occupation, or fails the Penn Central balancing test.
Mini IRAC · build the Application
Issue. Has a coastal-protection regulation that denies a beachfront owner all economically viable use of the parcel effected a taking requiring just compensation?
Rule. A regulation that denies all economically beneficial use of land constitutes a per se regulatory taking under Lucas v. South Carolina Coastal Council.
Application (model). The coastal-protection regulation prohibits any structure on P's beachfront lot, leaving the lot with no economically viable use. Because Lucas treats regulations denying all economically beneficial use as per se takings, the fact that the regulation strips the lot of all economic use means the per se Lucas rule applies.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the regulation constitutes a taking, and P is entitled to just compensation.
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: