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AICP QUESTIONS AND ANSWERS FULLY SOLVED
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Exam of 9 pages for the course AICP at AICP (AICP)
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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
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