Also known as: governmental actions · government action · government actions · state action
Written by attorneys · grounded in primary & secondary sources — see below
Conduct by a governmental entity or by a private party whose actions are fairly attributable to the state. Such conduct triggers constitutional limits including due process and equal protection when it affects protected rights or interests.
Great Lakes Steel owns a waterfront parcel zoned for heavy industry. A new city ordinance bars further development to preserve views for nearby residents. The company sues claiming a regulatory taking. The court weighs the character of the governmental action as one factor and finds the regulation advances a legitimate public interest while leaving the owner a reasonable beneficial use.
Gareth Glover, a white plaintiff, uses peremptory strikes to remove all Black venire members from the jury pool in a contract dispute against Gateway Bank. The bank objects on equal-protection grounds. Because jury selection is a traditional public function performed with court oversight, the strikes constitute governmental action and cannot be exercised in a racially discriminatory manner.
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Private conduct qualifies when it involves a traditional public function performed with significant state participation or when the state has compelled or encouraged the challenged action. Jury selection by private litigants meets this test because it occurs under court supervision and serves a core governmental role.
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The character of the action is one of three factors courts weigh in regulatory takings analysis. A regulation that substantially advances legitimate public interests and leaves the owner a reasonable beneficial use is ordinarily not compensable even if it reduces property value.
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Yes. When a state court enforces a racially restrictive covenant, the enforcement itself supplies the requisite state action even though the covenant originated as a private contract.
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