 | 1993 - 168 lapas
...property, directly by the government or by others under authority of the government, a taking may be found, without regard to whether the action achieves an important...benefit or has only minimal economic impact on the owner (Loretto v. Teleprompter Manhattan CATV Corp., 458 US 419, 434435, 1982). The one incontestable case... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1996 - 422 lapas
...governmental action' * * * is a permanent physical occupation of property, our cases uniformly have found a taking to the extent of the occupation, without...benefit or has only minimal economic impact on the owner ") (citations omitted). 2 Section 204(a)(2XA) provides, in pertinent part: A property owner shall receive... | |
 | United States. Congress. House. Committee on the Judiciary - 1997 - 172 lapas
...occupation" of the property, by the government itself or by others, "our cases uniformly have found a taking to the extent of the occupation, without...or has only minimal economic impact on the owner." We think a "permanent physical occupation" has occurred, for purposes of that rule, where individuals... | |
 | United States. Congress. House. Committee on the Judiciary - 1997 - 184 lapas
...occupation" of the property, by the government itself or by others, "our cases uniformly have found a taking to the extent of the occupation, without...or has only minimal economic impact on the owner." We think a "permanent physical occupation" has occurred, for purposes of that rule, where individuals... | |
 | 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
...by the government itself or by others, DCC 458 US, at 432-433, n. 9, "our cases uniformly have found a taking to the extent of the occupation, without...to whether the action achieves an important public II Opinion of the Court 483 US benefit or has only minimal economic impact on the owner," id. , at... | |
 | John R. Nolon - 2001 - 488 lapas
...that, in this context, "[past] cases uniformly have found a taking to the extent of the [physical] occupation, without regard to whether the action achieves...or has only minimal economic impact on the owner." A Los Angeles County interim flood control law was challenged as a regulatory taking in First English... | |
 | 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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Loretto we observed that where governmental action results in "a permanent physical occupation" of the property, by the government itself or by others, "our cases uniformly have found a taking to the extent of the occupation, without regard to whether... 