| United States. Supreme Court - 1982 - 948 pages
...borne by the public as a whole." Id., at 49.T This examination entails inquiry into such factors as the character of the governmental action, its economic...interference with reasonable investment-backed expectations. Kaiser Aetna v. United States, supra, at 175. When "regulation goes too far it will be recognized as... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1987 - 1226 pages
...a governmental action has gone beyond "regulation" and effects a "taking." Among those factors are: "the character of the governmental action, its economic...interference with reasonable investment-backed expectations." PruneYard Shopping Center v. Robins, 447 US, at 83; see Kaiser Aetna, 444 US, at 175; Penn Central,... | |
| United States. Congress. Senate. Committee on Indian Affairs (1993- ) - 1994 - 320 pages
...City of Escondido. _ US 112 S.Ct. 1522 (1992) Relevant factors under the Penn Central balancing test include the character of the governmental action,...interference with reasonable investment-backed expectations. See a/so, Pruneyard Shopping Center v. Robins, 447 US 74, 83, (1980), Ag/ns v. City of Tiburón. 477... | |
| Ronald H. Rosenberg - 1997 - 430 pages
...hoc, factual inquiries," Kaiser Aetna v. United States, 444 US 164, 175 (1979), into "such factors as the character of the governmental action, its economic...interference with reasonable investment-backed expectations." PruneYard Shopping Center v. Robins, 447 US 74, 83 (1980). See 53 NY 2d, at 144151, 423 NE 2d, at 330-334.... | |
| Jason F. Shogren - 1998 - 180 pages
...57 the Court examined three factors to determine whether a government regulation comprises a taking: the character of the governmental action, its economic...interference with reasonable investment-backed expectations. Subsequently, in Agins v. Tiburon, 58 the Court stated that a law would effect a taking if it "does... | |
| 1998 - 648 pages
...governmental action has exceeded permissible 'regulation' and effects a 'taking.' "Among those factors are: 'the character of the governmental action, its economic...with reasonable investment-backed expectations.'" Ruckelshaus n Monsanto Co., 467 US 986, 1005 (1984), quoting PruneYard Shopping Ctr. u Robbins, 447... | |
| United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health - 2001 - 240 pages
...Ruckelshaus v. Monsanto Co., 467 US 986, 1005 (1984). This examination entails inquiry into such factors as the "character of the governmental action, its economic...interference with reasonable investment-backed expectations." Id. A taking has been held to not only include an actually physical invasion of property but also an... | |
| P. Stephen Gidiere (III) - 2006 - 466 pages
...(1945)). 143. Philip Morris, Inc. v. Reilly, 312 F.3d 24, 33-36 (1st Cir. 1992). 144. 467 US at 1004-06. of the governmental action, its economic impact, and...its interference with reasonable investment-backed expectations."146 In Monsanto, the Court focused on the last of these factors — the disclosure's... | |
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