Unit 13 ARE 306 Regulatory Takings: Condemnation, Regulation and Impermissible Takings of Private Property.

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Presentation transcript:

Unit 13 ARE 306 Regulatory Takings: Condemnation, Regulation and Impermissible Takings of Private Property

5th Amendment “nor shall private property be taken for public use, without just compensation.”

Condemnation (eminent domain) Public use Just compensation Fair market value

Who may take Public condemnor Private condemnor

Condemnation Procedure Prior purchase offer not required Notice Institution of action & deposit Answer to complaint Damages & other issues

Condemnation Procedure (continued) Damages sole issue - commissioners Trial de novo from findings of commissioners Vesting Quick take - filing Conclusion of case - all others

Inverse Condemnation No legal action by public entity Attorney fees available in N.C. Types Physical invasion Noninvasive Physical invasion cases Regulatory takings cases

Exactions Need created by development Commensurate benefit to development Schools & gen’l road improvements forbidden in N.C.

N.C. Takings Examples More expansive than federal law No N.C. Constitutional provision

Compensation FMV Partial takings Offsets allowed FMV before less FMV aftyer Offsets allowed

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