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ENST 350 Regulatory takings Essay

ENST 350 Regulatory takings Essay - ENST 350 First Writing...

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ENST 350 First Writing Assignment Acme presents what appears to be a very clear cut case. According to them, due to the regulation passed by the Clemmenston County Commission, they have incurred a total property value loss and should therefore receive compensation. However, the Clemmenston County regulation does not constitute a regulatory takings because of the circumstances that present the case, regardless of the proportion of property value that was lost. The governing body has passed regulation that resulted in what Acme considers a total loss of property value. Taking into account only this specific consequence of the regulation, the Supreme Court in Lucas would consider this to be a categorical taking and as such it requires “compensation without case specific inquiry into the public interest advanced in support of the restraint” (Lucas at 79). That seems to clearly state that it doesn’t matter what the benefit of the regulation might offer, a takings is a takings.
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