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" The general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking. "
Environmental Policy: Transnational Issues and National Trends
edited by - 1997 - 237 pages
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Cases Decided in the United States Court of Claims ... with ..., Volume 134

United States. Court of Claims, Audrey Bernhardt - 1956 - 1010 pages
...Supreme Court said in Pennsylvania Coal Co. v. Mahon, 260 US 393, 415, "The general rule at least is that while property may be regulated to a certain extent,...regulation goes too far it will be recognized as a taking." That the taking of the gold mine owners' right to make use of their mining properties was not in fact...
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The Federal Reporter

1926 - 1144 pages
...determined from the facts of the particular case. • • • The general rule, at least, is that, if regulation goes too far it will be recognized as a taking for which compensation must be paid." [3] It is claimed, however, that Coal Co. v. Mahon, supra, is...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 473

United States. Supreme Court - 1988 - 970 pages
...Writing for the Pennsylvania Coal Court, Justice Holmes stated: "The general rule at least is, that while property may be regulated to a certain extent,...regulation goes too far it will be recognized as a taking." 260 US, at 415. Those who argue that excessive regulation should be considered a violation of the Due...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 260

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1923 - 912 pages
...accomplished in this way under the Constitution of the United States. The general rule at least is, that while property may be regulated to a certain extent,...regulation goes too far it will be recognized as a taking. It may be doubted how far exceptional cases, like the blowing up of a house to stop a conflagration,...
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Selected Cases in Constitutional Law

Harold Edgar Barnes, B. A. Milner - 1924 - 440 pages
...danger warrants the giving to them greater rights than they bought. The general rule at least is that while property may be regulated to a certain extent,...regulation goes too far, it will be recognized as a taking. It may be doubted 1 how far exceptional cases, like the blowing up of a house to stop a conflagration,...
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Supreme Court Reporter, Volume 43

United States. Supreme Court - 1924 - 748 pages
...159 9. Eminent domain <g=2( I)— Regulation of property constitutes a taking, If К goes too far. While property may be regulated to a certain extent, if regulation goes too far, it constitutes a taking. Mr. Justice Brandéis dissenting. In Error to the Supreme Court of the State...
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Rent Commission in the District of Columbia: Hearings Before ..., Volumes 1-6

United States. Congress. Senate. Committee on the District of Columbia - 1925 - 686 pages
...accomplished in this way under the Constitution of thte United States. The general rule, at least, is that while property may be regulated to a certain extent,...regulation goes too far it will be recognized as a taking. We are in danger of forgetting that a strong public desire to improve the public condition is not enough...
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Rent Commission in the District of Columbia: Hearings ... on S. 3764 ... 1925

United States. Congress. Senate. District of Columbia - 1925 - 696 pages
...here from a late case in the Supreme Court. Miss FLINT (reading) : The general rule, at least, is that while property may be regulated to a certain extent,...regulation goes too far it will be recognized as a taking. * * * We are in danger of forgetting that a strong public desire to improve thel public condition is...
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Report of the Rent Commission of the District of Columbia to the President ...

District of Columbia. Rent Commission - 1925 - 108 pages
...in the course of the rendition of his opinion, says : «*».:: Tne generai rule, at least, is that while property may be regulated to a certain extent,...regulation goes too far it will be recognized as a taking." In the case of Levy Leasing Co. v. Siegel (257-9 US 291), Mr. Justice Clark, delivering opinion, said...
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The Federal Reporter

1926 - 1132 pages
...determined from the facts of the particular case. • • • The general rule, at least, is that, if regulation goes too far it will be recognized as a taking for which compensation must be paid." [3] It is claimed, however, that Coal Co. v. Mahon, supra, is...
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