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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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Columbia Law Review, Volume 27

1927 - 1098 pages
...manufacture and sale of radio sets and equipment ;8a (ii) the monopolization " "The general rule ... is that while property may be regulated to a certain extent,...regulation goes too far it will be recognized as a taking." Holmes, J., in Pennsylvania Coal Co. v. Mahon, 260 US 393, 415, 43 Sup. Ct. 158, 160 (1922). "Act of...
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Annual Report of the American Bar Association: Including ..., Volume 52

American Bar Association - 1927 - 1190 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, if regulation goes too Jar it will be recognized as a taking." t Minnesota Rate Cases, 230 US 352; Weaver vs. Palmer Bros.,...
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Civil Aeronautics Act of 1938

United States. Congress. House. Committee on Interstate and Foreign Commerce - 1943 - 480 pages
...recalled, involved the fourteenth and not the fifth amendment) that, "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." Because apparently Holmes' conception of the' due process restrictions on the police power is unique...
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Civil Aeronautics Act of 1938, Hearings Before ... , 78-1, February 2, 3, 4 ...

United States. Congress. House Interstate and Foreign Commerce - 1943 - 480 pages
...not be better summed up than in Holmes' conclusion (pp. 415-416) : 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 us a taking. It may be doubted how far exceptional cases, like blowing up a house to stop a conflagration,...
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Rights-of-way in National Forests: Hearing Before a Subcommittee of the ...

United States. Congress. Senate. Committee on Agriculture and Forestry - 1960 - 90 pages
...it shall not be taken for such use without compensation. ยป * * "The general rule at least is, that while property may be regulated to a certain extent,...goes too far it will be recognized as a taking.'' This principle was cited with approval in 1958 by the Supreme Court in US v. Central Eureka Mining...
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Rights-of-way in National Forests: Hearing Before a Subcommittee of ..., 86 ...

United States. Congress. Senate. Agriculture and Forestry Committee - 1960 - 106 pages
...it shall not be taken for such use without compensation. * * * "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." This principle was cited with approval in 1958 by the Supreme Court in US v. Central Eureka Mining...
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American Law Reports Annotated, Volume 34

1925 - 1624 pages
...to mine such coal has been reserved, and it is said : "The general [34 ALR 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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Regulation of Surface Mining: Hearings Before the Subcommittee on the ...

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on the Environment - 1973 - 868 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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Hearings, Reports and Prints of the House Committee on Interior and Insular ...

United States. Congress. House. Committee on Interior and Insular Affairs - 1973 - 1714 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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Retroactive Legislation

Daniel E. Troy - 1998 - 148 pages
...purposes as appropriating it or destroying it."21 Holmes wrote: "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."26 The Takings Clause Today In the seventy-odd years of regulatory takings jurisprudence since...
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