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" taking" may more readily be found when the interference with property can be characterized as a physical invasion by government than when interference arises from some public program adjusting the benefits and burdens of economic life to promote the common... "
Administration Proposals Relating to VA Health Care: Hearing Before the ... - Page 252
by United States. Congress. Senate. Committee on Veterans' Affairs - 1985 - 409 pages
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Agriculture Decisions: Decisions of the Secretary of ..., Volume 56, Part 1

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...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 438

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1980 - 862 pages
...characterized as a physical invasion by government, see, eg, United States v. Causby, 328 US 256 (1946), than when interference arises from some public program...burdens of economic life to promote the common good. "Government hardly could go on if to some extent values incident to property could not be diminished...
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The Protection of Farmland: A Reference Guidebook for State and Local ...

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...
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The Government's Classification of Private Ideas: Hearings Before a ...

United States. Congress. House. Committee on Government Operations. Subcommittee on Government Information and Individual Rights - Inventions - 1981 - 860 pages
...course, relevant considerations. . .So too is the character of the governmental action. A 'taking1 may more readily be found when the interference with...life to promote the common good." ( Penn . Central Transp. Co. v. New York City. 438 US 104, 124 (1978)). But "resolution of each case. . .ultimately...
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The Protection of Farmland: A Reference Guidebook for State and Local ...

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...
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Copyright Infringements (audio and Video Recorders): Hearing Before the ...

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)....
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Copyright Infringements (audio and Video Recorders): Hearing Before the ...

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...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 449

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...
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Natural Gas Legislation: Hearings Before the Committee on Energy and Natural ...

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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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 458

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1985 - 1086 pages
...especially the degree of interference with investment-backed expectations, is of particular significance. "So, too, is the character of the governmental action....burdens of economic life to promote the common good." Ibid, (citation omitted). As Penn Central affirms, the Court has often upheld substantial regulation...
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