| United States. Department of Agriculture - Agricultural laws and legislation - 1997 - 714 pages
...can be characterized as a physical invasion by government, than when the interference arises from a public program adjusting the benefits and burdens of economic life to promote the common good.'] In this case, the Agricultural Marketing Service regulated the size and sugar content of Rainier cherries... | |
| Robert E. Coughlin - Agriculture and state - 1980 - 44 pages
...the US Supreme Court held that a zoning ordinance is constitutional if it is enacted pursuant to a public program adjusting the benefits and burdens of economic life to promote the common good, even though it reduces sharply the value of real property, especially where it permits the owner to... | |
| Robert E. Coughlin - Agriculture - 1981 - 292 pages
...third step involves an analysis of the character of the governmental action. If it is pursuant to a "public program adjusting the benefits and burdens of economic life to promote the common good,"57 such as an exercise of the taxing power, zoning laws,58 or other regulations designed to protect... | |
| United States. Congress. Senate. Committee on the Judiciary - Copyright infringement - 1982 - 1420 pages
...compensation clause of the Fifth Amendment the Court reasoned that it may more readily find a taking when "interference with property can be characterized as...burdens of economic life to promote the common good." — 12/ Universal City Studios, Inc. v. Sony Corporation of America, 659 F.2d 963 (9th Cir. 1981).... | |
| United States. Congress. Senate. Committee on the Judiciary - Copyright - 1982 - 1468 pages
...insignificant. Thus the Supreme Court has made quite clear on numerous occasions that government can adjust the "benefits and burdens of economic life to promote the common good" — without fear of violating the Constitution by failing to compensate those whose economic interests... | |
| United States. Supreme Court - Courts - 1982 - 1208 pages
...Co. v. New York City, 438 US, at 125-129. Here, however, Seminole County has not merely "adjust[ed] the benefits and burdens of economic life to promote the common good." Id., at 124. Rather, the exaction is a forced contribution to general governmental revenues, and it... | |
| United States. Congress. Senate. Committee on Energy and Natural Resources - Natural gas - 1983 - 1676 pages
...cedar trees that endanger apple orchards not a taking) . 166 - 15 reluctant to find a taking when the interference "arises from some public program adjusting...burdens of economic life to promote the common good" and "can [not] U/ be characterized as a physical invasion by the government." The Natural Gas Consumer... | |
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