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Understanding Regulatory Takings & Compensation Law

Explore eminent domain, condemnation procedures, inverse condemnation, exactions, and compensation in the context of private property rights. Learn about fair market value, just compensation, and relevant legal procedures.

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Understanding Regulatory Takings & Compensation Law

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  1. Unit 13 ARE 306 Regulatory Takings: Condemnation, Regulation and Impermissible Takings of Private Property

  2. 5th Amendment • “nor shall private property be taken for public use, without just compensation.”

  3. Condemnation (eminent domain) • Public use • Just compensation • Fair market value

  4. Who may take • Public condemnor • Private condemnor

  5. Condemnation Procedure • Prior purchase offer not required • Notice • Institution of action & deposit • Answer to complaint • Damages & other issues

  6. Condemnation Procedure (continued) • Damages sole issue - commissioners • Trial de novo from findings of commissioners • Vesting • Quick take - filing • Conclusion of case - all others

  7. Inverse Condemnation • No legal action by public entity • Attorney fees available in N.C. • Types • Physical invasion • Noninvasive • Physical invasion cases • Regulatory takings cases

  8. Exactions • Need created by development • Commensurate benefit to development • Schools & gen’l road improvements forbidden in N.C.

  9. N.C. Takings Examples • More expansive than federal law • No N.C. Constitutional provision

  10. Compensation • FMV • Partial takings • FMV before less FMV aftyer • Offsets allowed

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