Takings and Land Use Regulation

5th Amendment

5th Amendment

Amendment to the US Constitution that protects individuals from being subjected to certain actions by the government, such as being tried for a crime without a grand jury indictment, being put in jeopardy of life or limb twice for the same offense, being compelled to be a witness against oneself, and being deprived of life, liberty, or property without due process of law.

Police Power

The power of the State to place restraints on personal freedom and property rights for the protection of public safety, health, and morals or the promotion of public convenience and general prosperity.

Physical Taking

The government's use of eminent domain to take private property for a public purpose, such as the construction of dams or utility infrastructure. The property owner must be given just compensation for the property.

Regulatory Taking

A form of government action that restricts the use of private property to such an extent that it significantly diminishes its value. This may require the government to provide just compensation to the property owner.

Penn Central Co. v. New York City

A Supreme Court case that established a three-part test to determine if a government regulation constitutes a regulatory taking. The test considers the economic impact of the regulation on the property owner, the property owner's investment-backed expectations, and the character of the government action.

Zoning

The exercise of a state's police power to regulate and control the use of land and buildings within a given community for the purpose of protecting public health, safety, and welfare.

Village of Euclid v. Ambler Reality Co.

A Supreme Court case that upheld the constitutionality of zoning regulations and established that zoning must follow a comprehensive plan and cannot be arbitrarily applied.

Extra-territorial Jurisdiction

The extension of municipal zoning restrictions outside of city/town limits based on the population of the municipality. It allows the municipality to regulate land use in areas adjacent to its boundaries.

Variances

A request to deviate from the prescribed setback requirements or other zoning regulations. It allows property owners to seek exceptions to zoning restrictions.