What is the legal test for taking private property for public use without just compensation?

California, United States of America


The following excerpt is from Pacific Legal Foundation v. California Coastal Commission, 129 Cal.App.3d 44, 180 Cal.Rptr. 858 (Cal. App. 1982):

It is a salutory objective to expand and develop public access to the beach and shoreline but the whole concept underlying the constitutional prohibition against taking private property for public use without just compensation is that individual property owners should not be forced to bear a disproportionate burden in the providing of public facilities. (Armstrong v. United States, 364 U.S. 40, 80 S.Ct. 1563, 4 L.Ed.2d 1554.)

Other Questions


What are a number of federal and state constitutional provisions that prohibit the taking of private property for public use without just compensation? (California, United States of America)
What is the standing of a plaintiff to bring a claim against a private property owner to challenge picketing activities on its private property? (California, United States of America)
Does a peer review proceeding conducted by a private, not a public, private, institution need to be reviewed by a public body? (California, United States of America)
What is the standing of a plaintiff to bring a claim against a private property owner to challenge picketing activities on its private property? (California, United States of America)
Is compelled representation of an indigent in a criminal case a taking of property without just compensation? (California, United States of America)
Does a public body have a duty to compensate for the loss of a private property when it regulates land use? (California, United States of America)
What constitutes a "taking" of private property for public use? (California, United States of America)
What is the legal test for the right of a public official to enter private property? (California, United States of America)
Is there a cause of action for just compensation for an unconstitutional taking without just compensation? (California, United States of America)
Is compelled representation of an indigent in a criminal case a taking of property without just compensation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.