Prop2 Class 21 – Categorical Regulatory Takings

Today we will cover categorical regulatory takings–that is takings considered under bright line rules without any type of balancing tests.

The lecture notes are here.

The Fifth Amendment provides:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Here is a photograph of the building at issue in Loretto v. Teleprompter.

Here’s what it looks like today at 303 West 105th Street (it’s probably dark now):


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And here is a satellite photo of the roof where all those innvading wires were strung.


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Prop2 Class 21 – Categorical Regulatory Takings curated from Josh Blackman's Blog

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