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

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nuisances or similar harms? (Hadacheck, pg. 1181)

1. if yes, not a taking - no compensation required

a. don't need to compensate for eliminating a 'harm'

b. regardless of severity of damage

2. Hadacheck - P had brickyard; city developed near it; statute forbade operating within city because "public nuisance"

a. effect: diminution in value of property from $800,000 to $60,000

b. not a taking

3. acts as exception to diminution in value test

4. See D3.6 below

D3. Harm/Benefit Test: some states use

1. stems from C2

2. not a taking if preventing harm

3. taking if extracting a benefit (get indiv. to benefit public)

4. problem: defining harm & benefit

a. can be argued either way for almost everything

b. test is basically useless

5. Sup. Ct. hasn't endorsed this approach

6. severely undercuts C2 (Hadacheck)


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