Taking Justice and Fairness Seriously: Distributive Justice and the Takings Clause
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Authors
Gaba, Jeffrey M.
Issue Date
2007
Type
Journal Article
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Abstract
FIRST PARAGRAPH(S)|The Fifth Amendment to the U.S. Constitution provides, in part, that private property shall not "be taken for public use without just compensation." This is the so-called "Takings Clause," and, since the Supreme Court's 1922 opinion in Pennsylvania Coal v. Mahon, it has served as a limitation on government regulatory actions that go "too far" in restricting the use of property. Defining "how far is too far" is the central objective of Supreme Court takings jurisprudence, but the Court's analysis is recognized by all to be (as it is most politely phrased) "a muddle."...
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Citation
40 Creighton L. Rev. 569 (2006-2007)
Publisher
Creighton University School of Law