Prop2 Class 21 – Categorical Regulatory Takings

October 31st, 2018

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Today we will cover categorical regulatory takings–that is takings considered under bright line rules without any type of balancing tests.

The lecture notes are here.

The Fifth Amendment provides:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Here is a photograph of the building at issue in Loretto v. Teleprompter.

Here’s what it looks like today at 303 West 105th Street (it’s probably dark now):

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And here is a satellite photo of the roof where all those innvading wires were strung.

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