Editing Constitutional Law Maggs/4th ed. Outline II
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#Does it deprive the property owner of '''''all beneficial use''''' of the property? (Really not all, but actually a lot of the beneficial use.) | #Does it deprive the property owner of '''''all beneficial use''''' of the property? (Really not all, but actually a lot of the beneficial use.) | ||
==== | ====PENN CENTRAL TRANSPORTATION CO. V. CITY OF NEW YORK, Supreme Courtof the United States (1978)==== | ||
Penn Central’s property was designated as landmark under New York law and therefore subject to city preservation restrictions. As a result, Penn Central was prohibited from building the two proposed structures on top of its building. Penn Central sued alleging that the restrictions. As a result, Penn Central was prohibited from building the two proposed structures on top of its building. Penn Central sued alleging that the restrictions constituted a “taking” by depriving it of the gainful use of its “air rights” above the Terminal.Grand Central Station may continue to be used precisely as it has in the past, they didn’t show that they were deriving primary beneficial use of the property. In addition, the restrictions imposed did not prevent Penn Central from all construction on top of the terminal.Courts look to the extent regulation interferes with '''''DISTINCT INVESTMENT BACKED EXPECTATIONS'''''. Regulations that harm economic wellbeing can withstand. Action does not interfere with what the government can already do. When you got the property, what were you expecting? | Penn Central’s property was designated as landmark under New York law and therefore subject to city preservation restrictions. As a result, Penn Central was prohibited from building the two proposed structures on top of its building. Penn Central sued alleging that the restrictions. As a result, Penn Central was prohibited from building the two proposed structures on top of its building. Penn Central sued alleging that the restrictions constituted a “taking” by depriving it of the gainful use of its “air rights” above the Terminal.Grand Central Station may continue to be used precisely as it has in the past, they didn’t show that they were deriving primary beneficial use of the property. In addition, the restrictions imposed did not prevent Penn Central from all construction on top of the terminal.Courts look to the extent regulation interferes with '''''DISTINCT INVESTMENT BACKED EXPECTATIONS'''''. Regulations that harm economic wellbeing can withstand. Action does not interfere with what the government can already do. When you got the property, what were you expecting? | ||
You have a business that sells eagle feathers. Government prohibits the sale of eagle feathers. Did the government take your property? No. You still have these feathers, you just cant sell them, but there is a lot of other things you can do with them.Surface Rights and Mineral Rights.. Law says no coal mining on property. Pennsylvania Law says these are two different interests in land. All of the mineral rights are worthless. Therefore it is a taking.'''''What is Public Use? '''''RailroadBlighted Land for Private Use (Nuisance on Public) | You have a business that sells eagle feathers. Government prohibits the sale of eagle feathers. Did the government take your property? No. You still have these feathers, you just cant sell them, but there is a lot of other things you can do with them.Surface Rights and Mineral Rights.. Law says no coal mining on property. Pennsylvania Law says these are two different interests in land. All of the mineral rights are worthless. Therefore it is a taking.'''''What is Public Use? '''''RailroadBlighted Land for Private Use (Nuisance on Public) | ||
====[[KELO V. CITY OF NEW LONDON]], Supreme Court of Connecticut (2000)==== | ====[[KELO V. CITY OF NEW LONDON]], Supreme Court of Connecticut (2000)==== | ||
In 2000, the city of New London approved a development plan that, in the words of the Supreme Court of Connecticut, was “projected to create in excess of 1,000 jobs, to increase tax and other revenue, and to revitalize an '''''economically distressed city''''', including its downtown and waterfront areas.” The city purchased property and seeks to enforce eminent domain to acquire the remaining parcels from unwilling owners. The City did not plan to open the condemned land to the general public, nor were the private lessees of the land required to operate like common carriers.ℙ: The development plan violates the 5<sup>th</sup> amendment because it is '''''not for public use'''''.⧋: A statute under Connecticut Law allows takings for the '''''good of the public'''''. '''''Two Burdens for Proving Eminent Domain: ''''' | In 2000, the city of New London approved a development plan that, in the words of the Supreme Court of Connecticut, was “projected to create in excess of 1,000 jobs, to increase tax and other revenue, and to revitalize an '''''economically distressed city''''', including its downtown and waterfront areas.” The city purchased property and seeks to enforce eminent domain to acquire the remaining parcels from unwilling owners. The City did not plan to open the condemned land to the general public, nor were the private lessees of the land required to operate like common carriers.ℙ: The development plan violates the 5<sup>th</sup> amendment because it is '''''not for public use'''''.⧋: A statute under Connecticut Law allows takings for the '''''good of the public'''''. '''''Two Burdens for Proving Eminent Domain: ''''' |