The Taking Issue. Lecture Series 3 John Keller – Plan 752 Planning Law. Introduction to Takings. The First Period – Pre 1856 The general legal conception is that no taking can occur without a touching A touching is a physical invasion on to private property by the government.
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The Taking Issue
Lecture Series 3
John Keller – Plan 752 Planning Law
The destruction of a property right, in the exercise of the police power of the State,in violation of law,is not a taking of property for public use, and does not deprive the owner of it without due process of law.
Centralia 1983 Centralia 1999
Taipei 101 in Taiwan
Manhattan CATV Corp.
The Just’s Tract – 36.4 acres
No Fill Area
5 parcels sold
Land retained by the Just’s
Marshes and Swamp Land
To be Filled
Wetland 6 acres tract
Its hard to make something foolproof when there are so many clever fools
“I hope God strikes all the planner’s and Commie’s dead for what you have done to Lutherglen”
“Members of our church always wear their seatbelts so aliens can’t suck them out of the car”
David H. Lucas v. South Carolina Coastal CouncilU.S. Supreme Court505 U.S. 1003June 29, 1992
Lucas v Carolina Coastal Commission
Beach Line 1986
Beach Line 1956
Beach Line 1902
Existing Plumbing and Electrical Supply Store
The Commission required that Dolan dedicate the portion of her property lying within the 100 year floodplain for improvement of a storm drainage system along Fanno Creek and that she dedicate an additional 15 foot strip of land adjacent to the floodplain as a pedestrian/bicycle pathway. The dedication required by that condition encompasses approximately 7,000 square feet, or roughly 10% of the property. In accordance with city practice, petitioner could rely on the dedicated property to meet the 15% open space and landscaping requirement mandated by the city's zoning scheme.
Half Street Improvement
Benchmark challenged the condition with and sought damages from the City for a taking. The trial court ruled that that studies conclusively showed that there was no substantial impact from the new subdivision on traffic that would warrant the new half street improvement
Into the Valley of Death Rode the 500
SGI Tract 18 acres
Credits to Dan Mandelker for this picture
SGI Tract 18 acres
Range of Speculative Value
Large Housing Development
Range of police power regulation
Compelling government reasons
Agri Use Only
Natural Resource Use Only
Limit of taking immunity