A. Def.: system of laws governing the relation between people with respect to resources



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Permanent Physical Invasion/Occupation (Lorretto, pg. 1165)

1. always considered a taking regardless of extent of the invasion or diminution of value

2. don't question validity of statute (rational basis); only issue is taking

3. Loretto - cable wire alongside building; was a taking

4. NOTE: If statute required owner to provide cable, it wouldn't be a taking

a. allows regulations requiring smoke detectors, fire alarms, mailboxes, etc...

b. Distinction: ownership/responsibility (control)

5. deals primarily w/ taking the rt. to exclude (as opposed to use or transfer)

6. NOTE: rent control not a taking (according to ct.) because they "invited" tenants in by agreeing to rent to them

* a. "invitation" is key

b. see note 5, pg. 1180 (voluntary rental to mobile home owners; restrictions on sale not a taking)

7. BUT: ordinance requiring all rooms to be rented is a taking

8. also applies to overflight cases (pg. 1170)

a. owner also owns air rights (taking an easement of flight)

b. must be direct overflight, not nearby

9. Kaiser Aetna (1171) - P built marine causeway between pond & ocean

a. gov't opened it to public

b. ct. said - phys. occupation - requires comp.

10. Pruneyard (1171) - P owned shopping center & wanted to prohibit political speeches

a. statute allowed it

b. no taking

11. Distinguishing Pruneyard from Loretto & Kaiser Aetna

a. invitation issue

b. private vs. commercial property

c. rt. being protected (?) - ie. 1st amendment

D2. Is ordinance designed to prohibit public


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