 | United States. Congress. House. Committee on the Judiciary - 1997 - 172 lapas
...expectations are, of course, relevant considerations. So, too, is the character of the governmental action. A "taking" may more readily be found when...and burdens of economic life to promote the common good. Id. More recent decisions have emphasized the first two of these factors: "as we have acknowledged... | |
 | United States. Congress. House. Committee on the Judiciary - 1997 - 184 lapas
...expectations are, of course, relevant considerations. So, too, is the character of the governmental action. A "taking" may more readily be found when...and burdens of economic life to promote the common good. Id. More recent decisions have emphasized the first two of these factors: "as we have acknowledged... | |
 | James W. Ely, Jr. - 1997 - 418 lapas
...investment-backed expectations are ... relevant considerations. So, too, is the character of the govemmental action. A "taking" may more readily be found when...adjusting the benefits and burdens of economic life to promnte the common good.210 In upholding the government action in this case, the Court observed that... | |
 | Ronald H. Rosenberg - 1997 - 430 lapas
...investment-backed expectations, is of particular significance. "So, too, is the character of the governmental action. A 'taking' may more readily be found when...and burdens of economic life to promote the common good." Ibid, (citation omitted). As Penn Central affirms, the Court has often upheld substantial regulation... | |
 | Daniel E. Troy - 1998 - 148 lapas
...backed expectations, are of course, relevant considerations. So too is the character of the governmental action. A "taking" may more readily be found when...and burdens of economic life to promote the common good.14 Thus, the scope and effect of the protection against regulatory takings are to this date uncertain,... | |
 | 1998 - 648 lapas
...governmental action" is a component of the Penn Central test,"'2 and the Court in that case explained that |a| 'taking' may more readily be found when the interference...and burdens of economic life to promote the common good. "'' The "physical invasion" language is ill-suited to intangibles such as copyrights, but the... | |
 | Jan Laitos - 1998 - 1317 lapas
...are per se takings.74 The second encompasses government interferences with private property arising "from some public program adjusting the benefits and burdens of economic life to promote the common good."75 These laws do not constitute a taking requiring compensation, because their "character" is... | |
 | Donald C. Baur, William Robert Irvin - 2002 - 620 lapas
...distinct investment-backed expectations"; and (3) "the character of the governmental action," meaning that "[a] 'taking' may more readily be found when the interference...and burdens of economic life to promote the common good."41 Because regulations, unlike condemnation, may affect only part of an owner's land, courts... | |
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taking" may more readily be found when the interference with property can be characterized as a physical invasion by government than when interference arises from some public program adjusting the benefits and burdens of economic life to promote the common... 
