GPO-CONAN-2017-10-15.pdf

295 on the other hand in pennsylvania coal co v mahon

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295 On the other hand, in Pennsylvania Coal Co. v. Mahon , 296 a Pennsylvania statute that forbade the mining of coal under pri- vate dwellings or streets of cities by a grantor that had reserved the right to mine was viewed as too restrictive on the use of pri- vate property and hence a denial of due process and a “taking” with- out compensation. 297 Years later, however, a quite similar Pennsyl- vania statute was upheld, the Court finding that the new law no longer involved merely a balancing of private economic interests, but instead promoted such “important public interests” as conserva- Comm’n v. Rowan & Nichols Oil Co., 311 U.S. 570 (1941); Railroad Comm’n v. Humble Oil & Ref. Co., 311 U.S. 578 (1941). 292 Thompson v. Consolidated Gas Co., 300 U.S. 55 (1937). 293 Walls v. Midland Carbon Co., 254 U.S. 300 (1920). See also Henderson Co. v. Thompson, 300 U.S. 258 (1937). 294 Bandini Co. v. Superior Court, 284 U.S. 8 (1931). 295 Gant v. Oklahoma City, 289 U.S. 98 (1933) (statute requiring bond of $200,000 per well-head, such bond to be executed, not by personal sureties, but by authorized bonding company). 296 260 U.S. 393 (1922). 297 The “taking” jurisprudence that has stemmed from the Pennsylvania Coal Co. v. Mahon is discussed, supra , at “Regulatory Takings,” under the Fifth Amend- ment. 1894 AMENDMENT 14—RIGHTS GUARANTEED
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tion, protection of water supplies, and preservation of land values for taxation. 298 A statute requiring the destruction of cedar trees within two miles of apple orchards in order to prevent damage to the orchards caused by cedar rust was upheld as not unreasonable even in the absence of compensation. Apple growing being one of the principal agricultural pursuits in Virginia and the value of cedar trees through- out the state being small as compared with that of apple orchards, the state was constitutionally competent to require the destruction of one class of property in order to save another which, in the judg- ment of its legislature, was of greater value to the public. 299 Simi- larly, Florida was held to possess constitutional authority to pro- tect the reputation of one of its major industries by penalizing the delivery for shipment in interstate commerce of citrus fruits so im- mature as to be unfit for consumption. 300 Water, Fish, and Game. —A statute making it unlawful for a riparian owner to divert water into another state was held not to deprive the property owner of due process. “The constitutional power of the State to insist that its natural advantages shall remain un- impaired by its citizens is not dependent upon any nice estimate of the extent of present use or speculation as to future needs . . . . What it has it may keep and give no one a reason for its will.” 301 This holding has since been disapproved, but on interstate commerce rather than due process grounds. 302 States may, however, enact and en- force a variety of conservation measures for the protection of water- sheds.
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