LAW
Con Law 2 Sal F16.docx

E regulatory takings i regulatory taking when

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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
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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.
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  • Spring '18
  • Government, Fourteenth Amendment to the United States Constitution

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