Exam (elaborations)
AICP QUESTIONS AND ANSWERS FULLY SOLVED
- Course
- Institution
Exam of 9 pages for the course AICP at AICP (AICP)
[Show more]
Seller
Follow
julianah420
Reviews received
Content preview
AICP: LawPennsylvania Coal Co. V. Mahon (1922) - answer in 1878 Penn Coal Co. granted
homeowner (Mahon) for all surface prop rights but not below-surface. Mahon sued
under PA's Kohler Act (1921).
Significance: for the first time, the US SC indicated that regulation of land use, including
regulation that destroys the economic value of a property, might constitute a taking.
Mahon loses. If goes too far, it is a taking.
TAKINGS CASE
Nuisance - answer a "common law" tort (civil injury)
general rule (nuisance) - answer my home is my castle and I have a right to quiet
enjoyment of my land
private nuisance - answer my neighbor's conduct interferes with my quiet enjoyment
(smells, sounds, pollution)
public nuisance - answer a person's unreasonable conduct interferes with the
public's right to health, safety, peace (public drinking, gambling, obstructing traffic)
eminent domain - answer public use, just compensation
police power - answer protect health, safety and general welfare; powers not
enumerated by the Bill of Rights are reserved for the States; 10th Amendment; Home
Rule v. Dillon's Rule
Federalism - answer sharing of power between the national and state governments
Federal constitutional rights - answer these are the FLOOR not the CEILING
Limits of Federal Power - answer bill of rights - first 10 Amendments; 1st
Amendment: Freedom of religion, speech
5th Amendment: due process of law & nor shall private property be taken for public use
without just compensation (TAKINGS)
10th Amendment: Police Power to the States
Powers of government - answer power to plan, protect welfare; mint money; tax and
spend; "Take" property through eminent domain or condemnation (urban renewal);
, execute contracts; own land & operate infrastructure; create/abolish/change local
governments and define their powers; define and create private property; define private
"rights" and relationships; sign treaties with foreign govt; punish lawbreakers; issue
development orders and permits
Express or Enumerated powers (Federal) - answer commerce clause: environmental
regulations (clean air act, clean water act, civil rights acts); treaty power; income tax
(16th Amendment)
Implied Powers of Federal - answer contracts; CA & GA use Federal Air Pollution
laws to enact Transportation Congestion Management Plans (land use regs); Highway
Safety, speed limits, DUI laws
"Taking" Clause of US Constitution - answer Private property cannot be taken for
public use without just compensation; applies to eminent domain (can acquire blighted
properties for urban dev. - Berman & econ dev - Kelo); condemnation can also count as
a taking
Per se / categorical taking - answer Permanent physical invasion or seizure of land;
eminent domain
Regulatory taking - answer state or local "police power" interferes with or limits
owners "highest & best" economic use and enjoyment; "Bundle of sticks"
Derivative, Indirect or De Facto Takings - answer Property value reduced by
government actions; owners can still "use" and "enjoy" their property; planning blight
Penn Central Transportation Co. V. City of NY (1978) - answer Introduced a means-
end balancing test for regulatory takings and validated historic preservation controls
*Character of government action
*economic impact of regulation
*extent to which regulation interfered with owners investment-backed expectations
Loretto v. Teleprompter CATV (1982) - answer Even "minor" invasions are "per se"
takings; NY State law requires landlords to install cable TV and absorb costs
First English Evangelic Lutheran Church v. Los Angeles County (1987) - answer
Temporary Takings Require Compensation; church camp flooded & LA made ordinance
prohibiting rebuilding
Lucas v. South Carolina Coastal Council (1992) - answer Reaffirmed PA Coal -
owner denied building permit after catastrophe; Defined categorical regulatory takings --
compensation is required when regulations deny all economic use of the property;
TAKEAWAYS: never a taking to abate a nuisance, Always a taking if physical invasion
of property by govt; Always a taking if regulation deprives land of all beneficial uses
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller julianah420. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
85443 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now
Recently viewed by you
