| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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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