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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 14

Citation
Section 14
Parent Document
Troy Ltd. v. Renna, 727 F.2d 287 (1984)
Effective Date
1984-01-30

Other Sections in This Document (102)

Full Text

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The appellants also urge that the order appealed from must be reversed because, apart from the absence of findings on “just compensation,” the Tenancy Act does not entail a “taking for public use.” Instead, they maintain, the Act is a classic economic or social regulation falling outside the ambit of the prohibition against uncompensated takings for public uses. Because this issue may obviate the necessity to determine the factual question of whether the provision for payment of rent amounts to just compensation, the issue is “a controlling question of law” which “may materially advance the ultimate termination of the litigation.” 28 U.S.C. § 1292(b) (1976). That being the case, we reach it.