[PSCI 3322] - Final Exam Guide - Everything you need to know! (155 pages long)

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Published on 29 Mar 2017
School
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UT-Dallas
PSCI 3322
FINAL EXAM
STUDY GUIDE
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Nollan v. California Coast Commission, 1987
To build a new house, will need to donate an easement to the beachfront
property so that people can walk along the beach
o Big house that is being built needs to have an easement
o CCC demands an easement, giving some agency/individual
permission to use your property, across the backyard to allow any
people to walk across you’re backyard by the beach
Why are they asking for permission to walk across their
backyard?
There can be hundreds of people using that easement
If you build a bigger house, people driving along the road will
have a harder time seeing the beach and thus will have a
harder time enjoying the beauty of the ocean and sunset. You
have to compensate people for that destruction of scenery that
you have engaged in for building a bigger house
The way to compensate this public for the loss is to give
people an easement that allows them to walk across the
backyard
o Is it an easement or is it a taking?
CCC is not paying these people for the easement. If you are
building a bigger house, they need to provide an easement. If
not, they must get a smaller house because they won't get the
permit for the bigger house
Before, this would not be a taking because property is not
being confiscated.
Modern time,
The idea is that this is compensation to the public for an obstructed view
of the beach, for the "psychological barrier" of the new construction and
to remedy any congestion caused by the construction. Only meaningful
concern is the obstructed view
Develops the idea of an "essential nexus"
o If the government is going to create a condition on the use of
property, there must be a connection between the condition and
what the government is trying to accomplish
Government is trying to protect people on the road in terms of
their sense of beauty, allow people who are on the road to see
the view/ocean/sunset
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They are afraid if they allow a bigger house, they won't see the
ocean and the sunset, at least not as much as they would with
the smaller house
What is the connection with that goal (seeing the ocean
from the road) and being able to walk through someone's
backyard
Court says there is no connection with that. How
does being able to walk through the backyard allow
you to see the ocean from the road?
There is not an essential nexus, therefore there is a
taking.
To allow for people to walk through the
backyard, the CCC will have to pay just
compensation, pay for the easement.
In a later time period, this is not a taking since it is not
confiscation of the property
Refer and trust to the wisdom of the agency
protecting the beaches
Engage in judicial restraint
Court develops a test that protects in property
interest
Substantive process came to an end in 1937,
but protection is returned with this new test for
the takings clause
o They were unable to connect the easement to the building of the
house
Lucas v. South Carolina Coastal Council, 1992
Lucas paid nearly $1 million for 2 lots on a South Carolina island in 1986.
in 1988, in order to less beach erosion, a law is passed banning
construction. This makes his property worthless. He means to build on
the lots to invest in it
o This is totally destroying the value of the house
o Is this a taking?
o Not confiscation because he still owns the lots.
At one time, taking meant confiscation only.
o Now it is also an invasion of private property or denial of all
productive or economic use of the property. As long as the
property's use was not proscribed to begin with or creates a public
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