Con Law 2 Sal F16.docx

E regulatory takings i regulatory taking when

Info icon This preview shows pages 13–15. Sign up to view the full content.

e. Regulatory Takings i. Regulatory taking –– when government regulation renders the property no longer economically viable. 1. Created in Pennsylvania Coal v. Mahon : “when regulation reaches a certain magnitude, in most if not in all cases there must be an exercise of eminent domain and a compensation to support the act.” 2. Analysis is very fact based, there is no formula or rule. These cases are often inconsistent. 3. Court has articulated general criteria to consider: a. (1) the economic impact of the regulation on the claimant; b. (2) the extent to which the regulation has interfered with investment-backed expectations; c. (3) and the character of the governmental action. ii. Penn Central Transportation Co. v. City of New York 1. Facts : Co. wanted to construct a high rise on top of Grand Central Terminal in NYC. However, the terminal was designated a historic landmark. The City rejected the proposed construction. Co. filed suit claiming that this interfered with their property value and was thus, a taking. 2. Issue : Has a taking occurred? 13
Image of page 13

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

3. Holding : No. The regulation did not deny the owners all profitable use of the building and, in fact, had not even precluded all development of the air rights above the building. This was a mere decrease in property value. iii. Lucas v. South Carolina Coastal Council 1. Facts: P bought two lots with the intention of building single family homes on them. Two years after purchase, SC passed an act which barred construction of permanent residences on his property. P sues because this act completely extinguished the property value. 2. Issue: Was this a taking? 3. Holding: Yes. Because the regulation occurred after the purchase of the property, this did constitute a taking since the government had rendered the property valueless. VIII. Equal Protection a. Discrimination based on Race, Ethnicity, or Nationality –– Suspect Classifications i. Yick Wo v. Hopkins , 1886 1. Facts: San Francisco ordinance outlawed the laundry business without a valid permit. The committee overseeing permits only granted them to white people. Plaintiffs were arrested for operating without a valid permit. 2. Issue: Does the ordinance violate the Equal Protection clause of 14? 3. Holding : Yes. a. “Though the law be fair on its face, and impartial in appearance itself, yet, if it is applied and administered by public authority with an evil eye and an equal hand, so as practically to make unjust illegal discriminations between persons in similar circumstances, the denial of justice is still within the prohibition of the Constitution.” b. Just because something isn’t discriminatory on its face, doesn’t mean it’s not unconstitutional in application. 4. Sal Note : Technically, this would be a violation of Due Process, not an Equal Protection issue. ii. Plessy v. Ferguson, 1896 1. Facts: Plessy was a biracial male attempting to travel on Louisiana’s railroad system. The train employees refused to let him sit in the white section.
Image of page 14
Image of page 15
This is the end of the preview. Sign up to access the rest of the document.
  • Spring '18
  • Government, Fourteenth Amendment to the United States Constitution

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern