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

2. 5th Amendment
“nor shall private property be taken for public use, without just compensation.”

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

4. Who may take
Public condemnor
Private condemnor

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

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

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

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

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

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