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

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Economically Viable Use (Nollan, pg. 1217)

1. must deprive owner of all econ. viable use to be a taking

2. see D5.7

D4d. 100% Diminution of Value (Lucas, pg. 1241)

1. bright-line standard

2. 100% dim. in value is always a taking

a. except when under the common law, it would be preventing a nuisance

3. undercuts Hadacheck harm/benefit

4. case dealt w/ preserving coastal zone - ct. found a taking

5. ex. wetlands preservation would be a 100% dim. in value

D4e. Summary of factors to consider for diminution of value ("too far") test:

a. interference w/ distinct investment-backed expectations

b. reciprocity of benefits

c. reasonable return

d. amt. of diminution of value

e. can rts. be transferred

f. denial of "all viable use"

g. all value gone

h. nuisance-like activity


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