10/03/1994 Park Board Packet - Laserfiche WebLink

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SEP-2971994 08:45 NAC 612 595 9837 P.04i08 DWXCATIONS AND MUCTIONS REVISITED by Christopher J. Dietzen LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (612) 835-3800 1. What is a Taking? A. The Fifth Amendment provides that "private property (shall not) be taken for public use without just compensation. " The essential purpose of this clause is to bar government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole. Penn Central 'Tranagortation Co. v. City of New York, 438 U.S. 104, 123-124 (1978) . B. The takings clause originally was applied only to physical takings of property, but in 1922 Justice Holmes recognized that regulations on property will also be considered takings if they go "too far. " Pennsylvania Coal Co. v. Mahon, 260 U.S . 393, 415 (1922) . Just how far a regulation must go before it will be considered "too far" under the Fifth Amendment has not been specifically defined by formula or rule. -Consequently, judicial determinations have relied on ad hoc factual inquires and case-specific weighing of the competing public and private interests. C. The U.S. Supreme Court has identified factors to guide courts in ad hoc factual inquiries. The factors include: 1 . The economic impact of the regulation on the claimant; 2 . The extent to which the regulation has interfered with distinct investment-backed expectation; 3 . The character of the government regulation. Penn Central, 438 U.S. at 124; see Parranto Bros. V. City of New. Brighton, 425 N.W.2d 585 (Minn. App. 1988) (restricted zoning ordinance held not a taking after applying three-factor n inquiry) , (pet. fox, rev. denied. Minn. July 28, 1988) .