1. introduction: the power of legislature to allocate wealth



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Equal enjoyment = Can’t use your property in such a way so as to encroach upon the rights of others of the equal enjoyment of their land

  • Aesthetics = City can pass laws to protect property values = if something is aesthetically unappealing it can be classified as a nuisance


    Cases

    • Commonwealth v. Cyrus Alger (1851) – pier was built out too far and court said it couldn’t be constructed against legislative restrictions

      • Says that because courts can regulate for nuisance so can legislature = Gives the legislature the power to regulate borderline nuisance cases means they have a broad grant of police power

    • People v. Stover (1963) – City enacts regulation prohibiting clotheslines in front yards in reaction to “protest” against taxes by Stover



    C. Government Compensation for Takings (5th and 14th Amendments)

    • Any kind of permanent, physical occupation of property allowed by government constitutes invasion of property rights of the owner and is deemed a "taking" regardless of what public interests it serves

    • Allowing government to physically occupy land destroys private owner's property rights and they deserve compensation


    Case

    • Loretto v. Teleprompter Manhattan CATV Corp. (1982) – Supreme Court rejected a New York statute allowing cable companies to attach wire and connection boxes to apt. buildings



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