Term
| Compensable Property Interest? |
|
Definition
Identify the underlying ownership interest basis of claim.
- Right to use property
- Right to exclude others
- Right to sell, lease, or otherwise transfer at their price
- Partial interest may be sufficient including easements.
- Background principles derived from nuisance law, public safety needs, preservation of waterways, agricultural pests, custom, and other important public interests can limit rights of property owner.
- Vested rights $ good faith reliance on permit but not always.
- To create compensable taking agency must directly or proximately cause harm.
|
|
|
Term
|
Definition
A. Agency must have reached final determination. The extent of the taking is not known until this final decision is made.
- Administrative remedies must be exhausted.
- Additional applications (variance) may be req to clarify permitted use.
- Reasonable effort to comply w/existing regulations.
- Futility application not req. if clearly app. will be denied.
Note: An ordinance will not create a compensable taking if it can be made constitutional such as with a variance.
B. A takings claim cannot succeed unless filed in time limits set by state or federal law. Statute of limitations.
|
|
|
Term
| Physical Regulatory Takings |
|
Definition
Regulations that require a permanent physical occupation of property, no matter how small.
- Allowing public agency or a 3rd party to use private property, even the smallest physical occupation.
- Controlling Tenant Evictions by ordinance can be a taking if these conditions are not met.
1. The owner voluntarily invited renters onto property.
2. The owner must be able to end tenancy by changing properties use.
- Physical Interference w/use and enjoyment of property. Sound-smell
|
|
|
