Exact(6)
Thus, the only question properly before us is whether the mere enactment of the zoning ordinances constitutes a taking.
Petitioners' arguments that the ordinance constitutes a taking in two different ways, by physical occupation and by regulation, are not separate claims.
In the current challenge, to a program in the state of Washington, the court is being asked to decide whether using this money for legal services for the poor constitutes a taking.
How the government's action in this instance constitutes a "taking" is rather unclear, especially since it was requested by the A.I.G. board in 2008.
The determination that governmental action constitutes a taking is, in essence, a determination that the public at large, rather than a single owner, must bear the burden of an exercise of state power in the public interest.
We do not think the overflow to the minor extent indicated constitutes a taking of property within the meaning of the law, when the damage can be prevented by raising the banks, or that, if the damage stated did in fact result, that it would justify the interposition of a court of equity.
Similar(54)
Appellants also claim that the city's precondemnation activities constitute a taking.
The California Supreme Court also rejected appellants' argument that the institution and abandonment of eminent domain proceedings themselves constituted a taking.
In this Court, he also attempted to argue that the assessment itself constituted a taking under the Fourteenth Amendment.
The State Supreme Court determined that the appellants could not recover damages for inverse condemnation even if the zoning ordinances constituted a taking.
I believe that States should be afforded considerable latitude in regulating private development, without fear that their regulatory efforts will often be found to constitute a taking.
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