 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1985 - 1086 lapas
...Id., at 84." In short, when the "character of the governmental action," Penn Central, 438 US, at 124, is a permanent physical occupation of property, our...to the extent of the occupation, without regard to to possess and transport their property, and to donate or devise the protected birds. . . . [L]oss... | |
 | Daniel Riesel - 2023 - 1182 lapas
...held that the wells had qualified as permanent installations and thus were to be considered a taking "without regard to whether the action achieves an...benefit or has only minimal economic impact on the owner."5 In the 1 USConst., Amend. 5: ". . . nor shall private property be taken for public use, without... | |
 | James W. Ely, Jr. - 1997 - 418 lapas
...at 3145 1 10. Justice Scalia observes that " 'our cases uniformly have found a taking to the exteni of the occupation, without regard to whether the action achieves an important poblic benefit or has only minimal economic impact on the owner.' " Id. fquoting Lortlto, 458 US at... | |
 | Ronald H. Rosenberg - 1997 - 430 lapas
...Id., at 84." In short, when the "character of the governmental action," Penn Central, 438 US, at 124, is a permanent physical occupation of property, our...to the extent of the occupation, without regard to to possess and transport their property, and to donate or devise the protected birds. . . . [L]oss... | |
 | Michael Les Benedict, John F. Winkler - 2004 - 959 lapas
...because it allowed a "permanent physical occupation" of private property.159 This per se rule would apply "without regard to whether the action achieves an...benefit or has only minimal economic impact on the owner."160 Another "per se" rule was established by the Court's decision in Lucas v. South Carolina... | |
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character of the governmental action' is a permanent physical occupation of property, our cases uniformly have found a taking to the extent of the occupation, without regard to whether the action achieves an important public benefit or has only minimal... 