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" Court has described the purpose of this clause in the following terms; "[The] Fifth Amendment's guarantee that private property shall not be taken for a public use without just compensation was designed to bar Government from forcing some people alone... "
The Right to Own Property: Hearing Before the Committee on the Judiciary ... - 166. lappuse
autors: United States. Congress. Senate. Committee on the Judiciary - 1996 - 402 lapas
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United States Reports: Cases Adjudged in the Supreme Court at ..., 364. sējums

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1961 - 920 lapas
...use without just compensation was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole. A fair interpretation of this constitutional protection entitles these lien holders to just compensation...
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Cases and Materials on Government Contracts

United States. Department of the Army - 1962 - 576 lapas
...use without just compensation was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole. A fair interpretation of this constitutional protection entitles these lienholders to just compensation...
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United States Reports: Cases Adjudged in the Supreme Court at ..., 395. sējums

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1969 - 1082 lapas
...The Just Compensation Clause was "designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole." Armstrong v. United States, 364 US 40, 49 (1960) ; see also United States v. Opinion of the Court....
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Land Use and Resource Conservation: Hearings Before the Subcommittee on ...

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Energy and the Environment - 1975 - 642 lapas
...confiscation of private property was designed to prohibit government from "forcing some people alone to bear public burdens which in all fairness and justice, should be borne by the public as a whole. . . ." * Since it is the public which will benefit, it is only fair that the public fund it. Even if...
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Report to the Congress on Foreign Portfolio Investment in the ..., 1-2. sējumi

United States. Dept. of the Treasury - 1976 - 758 lapas
...Amendment has been held "to bar government from forcing some people alone to bear public burdens which, 28A in all fairness and justice, should be borne by the public as a whole". It must be applied on a nondiscriminatory basis, except where property of enemy aliens is 28B involved....
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The Government's Classification of Private Ideas: Hearings Before a ...

United States. Congress. House. Committee on Government Operations. Subcommittee on Government Information and Individual Rights - 1981 - 860 lapas
...been described as designed to bar the Government from requiring a limited number of persons to "bear public burdens which, in all fairness and justice, should be borne by the public as a whole." (Armstrong v. United States, 364 US 40, 49 (I960)). But no firm rule has been established as to the...
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Status of the Nation's Wetlands and Laws Related Thereto: Hearings Before ...

United States. Congress. House. Committee on Public Works and Transportation. Subcommittee on Water Resources - 1981 - 1762 lapas
...Amendment's just compensation provision is designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public, as a whole." The State of South Carolina has also recognized when regulations create takings of private property....
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Financial Implications of the Accident at Three Mile Island: Oversight ...

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Energy and the Environment - 1981 - 940 lapas
...L.Ed. 940 (1934). Regulation amounts to a taking when government forces "some people alone to bear public burdens, which, in all fairness and justice, should be borne by the public as a whole." Armstrong v. US, 364 US 40, 49, 80 S.Ct. 1563, 1569, 4 L.Ed.2d 1554 (1960). Accordingly, it must be...
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Copyright Infringements (audio and Video Recorders): Hearing Before the ...

United States. Congress. Senate. Committee on the Judiciary - 1982 - 1420 lapas
...compensation.- This provision is 'designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole, . . . "— , and to ensure that people may create, acquire and improve property without fear that such...
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Environmental Regulation of Real Property

Nicholas A. Robinson, Kevin Reilly - 2023 - 1386 lapas
...The "takings" clause initially was intended "to bar government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole."3 Stated another way, if the government acts to protect or further the public interest by regulating...
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