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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Pennell v. City of San Jose, 485 U.S. 1 (1988)

Citation
Pennell v. City of San Jose, 485 U.S. 1 (1988)
Parent Document
Pennell v. City of San Jose, 485 U.S. 1 (1988)
Effective Date
1988-02-24

Other Sections in This Document (112)

Full Text

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" ` "Because appellees" taking claim arose in the context of a facial challenge, it presented no concrete controversy concerning either application of the Act to particular surface mining operations or its effect on specific parcels of land. Thus, the only issue properly before the District Court and, in turn, this Court, is whether the "mere enactment" of the Surface Mining Act constitutes a taking. . . . The test to be applied in considering this facial challenge is straightforward. A statute regulating the uses that can be made of property effects a taking if it "denies an owner economically viable use of his land." . . .'