SPA-220 FA4 Lecture 6: Takings and Environmental Regulations
13 Dec 2016
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Textbook: 355-374: constitutional revision=5th amendment, elements of takings claim, public use, what can be taken, ho(cid:449) do (cid:449)e deter(cid:373)i(cid:374)e the go(cid:448)"t has take(cid:374), power of eminent domain. Court case: u. s v. causby (5-2: facts: Causby owned a chicken farm outside of greensboro, north carolina. Farm was located near an airport used regularly by the united states military. Causby said noise from the airport regularly frightened the animals on his farm, resulting in the deaths of several chickens. The problem became so severe that causby was forced to abandon his business. Under an ancient doctrine of the common law, land ownership extended to the space above and below the earth. As a basis, causby sued the united states, arguing that he owned the airspace above his farm. By flying planes in this airspace, he argued, the government had confiscated his property without compensation, thus violating the takings clause of the fifth.
