ENV LAW & POLICY
ENV LAW & POLICY RENR 662
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This 2 page Class Notes was uploaded by Major Konopelski DVM on Wednesday October 21, 2015. The Class Notes belongs to RENR 662 at Texas A&M University taught by Staff in Fall. Since its upload, it has received 18 views. For similar materials see /class/226193/renr-662-texas-a-m-university in Renewable Natural Resources at Texas A&M University.
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Date Created: 10/21/15
Environmental Law 7 Week 4 A Suggested Approach to Analyzing Regulatory Takings Claims Property Right Re g n Substantially Advances Legitimate State Interest Either 1 Physical invasion Others get right to use or 2 All economically viable use destroyed Consistent with Background principles common law reasonable expectations balancing changed circumstances yes L No gt NO amp taking gt NO taking NO taking Compensable Taking amp taking Environmental Law 7 Week 3 Empowers Congress to act Limitation on state action 7 Pike Test A The regulation must pursue a legitimate state end B The regulation must be rationally related to that legitimate state end C The regulatory burden imposed by the state must be outweighed by the state s interest in enforcing its regulation Regulatory Takings Two powers of government A Purchase 7 Eminent domain 7 acquire property for public bene t or purpose B Regulate 7 Police power 7 to control and regulate private property for health safety and welfare Condemnation of land A Against the will of the landowner B For a public purpose C Just compensation Regulatory takings are prohibited by the Constitution Two tests to evaluate takings A Facial Test 1 Is there authority for the regulations 2 Is there a proper public purpose 3 Are the tools being used operationalizing the purpose B What is the burden on the landowner l Dimunition or loss in value is not in and of itself a taking however the closer you get to total dollar loss in value the dimunition may become a taking C Remedies 1 Seek to have the regulation struck down 2 Seek payment for the dimunition in land value