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102
Pennsylviana Coal Holmes Majority
BELOW SURFACE MINING
Birth of Regulatory Takings
PRIVATE PROBLEM W/ 1 HOME, NOT PUBLIC PROBLEM
3 PART TEST:
a.Diminution in value
b.Public Interest v. Public Nuisance
c.Reciprocity of Advantage (of having regulation in place)
*Understand these 3 factors, apply to situation, does outcome differ under Penn Central, Lucas, Loretto?
1. Can use police power, up to legislature to determine (as long as not arbitrary)
2. Judiciary only steps in when legislature goes too far
3. Define property as estate in support pillar (100% diminution in value of part of property)→ 3 different rights, law defining itself as whole of property
Birth of Regulatory Takings
PRIVATE PROBLEM W/ 1 HOME, NOT PUBLIC PROBLEM
3 PART TEST:
a.Diminution in value
b.Public Interest v. Public Nuisance
c.Reciprocity of Advantage (of having regulation in place)
*Understand these 3 factors, apply to situation, does outcome differ under Penn Central, Lucas, Loretto?
1. Can use police power, up to legislature to determine (as long as not arbitrary)
2. Judiciary only steps in when legislature goes too far
3. Define property as estate in support pillar (100% diminution in value of part of property)→ 3 different rights, law defining itself as whole of property
