PAD3330 court decisions

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15 Terms

1
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Commonwealth v. Alger (1851)

Wharf restrictions upheld as valid police power; no compensation required.

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Mugler v. Kansas (1887)

State alcohol ban upheld; reduced property value but valid use of police power for health/morals.

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Pennsylvania Coal v. Mahon (1922)

If regulation goes "too far" and destroys property value, it is a taking requiring compensation.

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Village of Euclid v. Ambler Realty (1926)

Zoning upheld as constitutional if rational, non-arbitrary, and for public welfare.

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Penn Central v. NYC (1978)

Landmark law not a taking; established balancing test (economic impact, expectations, regulation character).

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Keystone Bituminous Coal v. DeBenedictis (1987)

Mining restrictions upheld; strong public interest justifies regulation under police power.

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Nollan v. California Coastal Commission (1987)

Permit condition (beach access) invalid; no "essential nexus" to project.

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Lucas v. South Carolina Coastal Council (1992)

Regulation that removes all economic use of property = total taking; compensation required.

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Dolan v. City of Tigard (1994)

Permit condition invalidated; must show essential nexus + rough proportionality.

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Palazzolo v. Rhode Island (2001)

Wetlands restriction challenged; Court sided with owner based on investment-backed expectations.

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Tahoe-Sierra Preservation Council v. Tahoe RPA (2002)

Temporary development moratorium not a taking; delays do not remove all property value.

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Stop the Beach Renourishment v. Florida DEP (2010)

Beach replenishment upheld; state can restore beaches without paying compensation.

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Koontz v. St. Johns River Water Management District (2013)

Permit denial for refusal to give land/pay mitigation = taking; expanded Nollan/Dolan protections.

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Marvin M. Brandt Revocable Trust v. U.S. (2014)

Rails-to-trails conversion struck down; abandoned rail land reverted to owner.

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Southern Burlington County NAACP v. Mount Laurel (1975 & 1983)

Exclusionary zoning unconstitutional; municipalities must provide realistic affordable housing opportunities.

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