Property Spring 1995 William Nelson Chapter I: The Power of Legislatures to Allocate Wealth

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I. General Summary

1. As to regulation those that amount to physical taking Loretto and

limited Seawall it is a taking if the regulation allows someone to move into empty property.

2. A regulation under Lucas is unconstitutional if it destroys all

value unless regulation is in place to stop a common law nuisance.

3. A regulation is unconstitutional if there is an insufficient nexus between the thing being down and the stated purpose.

4. The regulation MAY be invalid if it narrowly attacks a small

attacks a small group.

i.e., Seawall, Mount Vernon, Renquist's Dissent Penn Central,

Scalia's dissent Penell

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