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The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.
Kelo v. City of New London, 545 U.S. 469 (2005), [1] was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment.
Inverse condemnation is a legal concept and cause of action used by property owners when a governmental entity takes an action which damages or decreases the value of private property without obtaining ownership of the property through the use of eminent domain. Thus, unlike the typical eminent domain case, the property owner is the plaintiff ...
The Fifth Amendment imposes two restrictions on government takings of private property: They must be accompanied by "just compensation," and they must be for "public use."
The case gives the Supreme Court an opportunity to revisit a widely reviled decision that invited such eminent domain abuses. The Government Took a Developer's Land and Gave It to a Competitor. In ...
Case history; Prior: Appeal from the Court of Appeals of New York: Holding; Whether a regulatory action that diminishes the value of a claimant's property constitutes a "taking" of that property depends on several factors, including the economic impact of the regulation on the claimant, particularly the extent to which the regulation has interfered with distinct investment-backed expectations ...
Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), was a case in which the Supreme Court of the United States held that whether a regulatory act constitutes a taking requiring compensation depends on the extent of diminution in the value of the property. [1] The decision thereby started the doctrine of regulatory taking.
The case laid the foundation for the Court's later important public use cases, Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984) and Kelo v. City of New London, 545 U.S. 469 (2005). Critics of recent occurrences of eminent domain uses trace what they view as property rights violations to this case.