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106
How would Pennsylvania Coal be decided under Penn Central test?
Economic impact
oOf pillars- same result as Holmes, not able to mine pillars
oBut if you define property as entire sphere (as in Penn Central) and air space is not individual right, you are taking the whole thing
Investment-backed expectations
oExpected to mine coal, and since defined as entire property, but can still get coal from other areas (not pillars)
oThey were told that they would be able to mine pillars
Character of gov’t actions
oPreventing mining of pillars
oEconomic advantage replaced by idea of public good
oOf pillars- same result as Holmes, not able to mine pillars
oBut if you define property as entire sphere (as in Penn Central) and air space is not individual right, you are taking the whole thing
Investment-backed expectations
oExpected to mine coal, and since defined as entire property, but can still get coal from other areas (not pillars)
oThey were told that they would be able to mine pillars
Character of gov’t actions
oPreventing mining of pillars
oEconomic advantage replaced by idea of public good
