The gov't may take private property for public use IF it provides just compensation

There are 2 types of takings:

1. Possessory Taking - gov't confiscation or physical occupation of property
2. Regulatory Taking - gov't regulation that leaves no reasonable economically viable use of the
property (mere decrease in property value is NOT enough)
 Decreasing economic value balancing test
o Dimunition in value
o Owner's reasonable expectations
o Social goals of the regulation
 Public Use
o Gov't must have a reasonable belief that its action will benefit the public
 Just Compensation
o Gov't must pay economic value of property in the hands of the owner (gain to the taker
is irrelevant…ONLY concerned with loss to the owner)
Notes:
1. Gov't conditions on development of property must be justified by a benefit that is roughly
proportionate to the burden imposed
2. A property owner may bring a takings challenge to regulations that existed at the time the
property was acquired
3. Temporarily denying an owner use of property is NOT a taking so long as the governments
action is reasonable