constitution of the united states we the people preamble

Planning and the Law: The Takings Clause

This course will help students understand and explore three legal concepts borne of the United States Constitution's Takings Clause: eminent domain, regulatory takings, and exactions. By the end of the course, students will be able to identify whether a particular government action is at risk of violating the Takings Clause.

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Course Info

  • Duration 10 video lessons (69 Mins)
  • Published Published
    2014
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Browse Course Chapters

  • 1. Introduction (1 min)
  • 2. Constitutional Basis (4 mins)
  • 3. Eminent Domain (8 mins)
  • 4. Introduction to Regulatory Takings (8 mins)
  • 5. Property as a Bundle of Rights (6 mins)
  • 6. Destroying Investment Backed Expectations (7 mins)
  • 7. Reciprocity of Advantage (2 mins)
  • 8. Conceptual Severance (12 mins)
  • 9. Exactions: Essential Nexus (8 mins)
  • 10. Exactions: Rough Proportionality (8 mins)

Course Description

The United States Constitution protects a person's right to property. At the same time, regulating the use of land for the benefit of the public is an important function of state and local governments. These two interests abut and often conflict. This course will help viewers understand where these two interests meet by exploring three legal concepts borne of the Takings Clause: eminent domain, regulatory takings, and exactions. By the end of the course, students will be able to identify whether a particular government action is at risk of violating the Takings Clause.

Learn these skills

  • Development
  • Housing
  • Land Use
  • Law and Policy
  • Regulations
  • Zoning Codes

AICP CM

This course is approved for 1.25 AICP CM credits. 

CNU-A

This course is approved for 1.25 CNU-A credit.

Meet Your Instructor

Thomas Hawkins

Thomas Hawkins

Thomas Hawkins, a Florida licensed attorney, has represented parties on all sides of the planning and development review process including developers, neighborhood groups and local governments.

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