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Unit 13 ARE 306

Unit 13 ARE 306. Regulatory Takings: Condemnation, Regulation and Impermissible Takings of Private Property. 5th Amendment. “nor shall private property be taken for public use, without just compensation.”. Condemnation (eminent domain). Public use Just compensation Fair market value.

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Unit 13 ARE 306

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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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