FARE 1040 Lecture Notes - Lecture 16: California Coastal Commission, Fifth Amendment To The United States Constitution, Planning Permission
Document Summary
Regulatory taking - original owner retains title but regulation limits actions or options general rule: original owner is not compensated but loss in property can be substantial farmer and wetland story - student project. Brusker found that >3000 agencies in ontario with expropriation power regulation especially land use can reduce options and result in a loss in market value consequences resemble expropriation but landowner keeps title, suffers a loss and is. Critical cases it for trespass if it is for govt purposes that would justify denial if the permit the requirement was not met coastal commission cannot. Dolan owned electrical supply business state of oregon had enacted a planning system for floodplains. The business was near a designated 100 year floodplain. Dolan wants to tear down and build a new one and rebuild parking generally, a change in title seems to have been anticipate aesthetic joke. Penn central argued that their property (air space above their station)