MBE Rules · Constitutional Law
Takings — per se physical
Loretto / Cedar Point
The rule
Any permanent physical occupation of private property by government is a per se taking requiring just compensation, no matter how minor (Loretto). A government-mandated access (third-party invasions) is also per se (Cedar Point).
In plain English
If the government or someone it allows permanently uses or occupies your property, they have to pay you for it, even if it's just a small part.
Worked example
The city installs a small cell tower on the roof of an apartment building without the owner's consent. This is a permanent physical occupation, so the owner must be compensated.
Memory hook
Physical Presence = Pay Up. Even tiny, permanent invasions by the government require compensation.
The trap
Students think: minor physical intrusions don't count. Wrong, because any permanent physical occupation is a per se taking (Loretto). The actual test is permanence, not size or impact.
How examiners test it
The MBE loves: government regulation allows third-party access to private land. Trap: students miss it's a per se taking (Cedar Point) because they focus on the regulation's purpose.
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