Section 14

Citation: Section 14
Parent Document: Troy Ltd. v. Renna, 727 F.2d 287 (1984)
Jurisdiction: United States (federal)
Effective Date: 1984-01-30
Original Source: https://www.courtlistener.com/opinion/8929297/troy-ltd-v-renna/ ↗

Full Text

831 chars

The difficulty which sometimes arises in determining when an uncompensated-taking analysis is appropriate arises out of the failure of courts and litigants to recognize that there is no federal constitutional prohibition against takings, as such. Rather, the Constitution proscribes takings for public use “without just compensation.” If adequate compensation is afforded, and if the challenged legislation has a sufficient public purpose to satisfy the demands of equal protection and substantive due process, then it is valid despite the fact that it may change the incidents of ownership in, or even the possession of, private property. See O’Neill v. Learner, 239 U.S. 244, 248, 251-54, 36 S.Ct. 54, 56, 57-58, 60 L.Ed. 249 (1915) (adequate compensation scheme available; challenge rejected on substantive due process grounds).

Other Sections in This Document (102)

Full Text