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30 Aug 2019, 10:23 am by Patricia Salkin
In the most famous and first partial regulatory takings case, Pennsylvania Coal Co. v. [read post]
24 Jun 2019, 12:07 am by Robert Thomas (
  * * * * Takings A federal regulatory takings claim, as you recall, is the idea which was first articulated in the modern era in Pennsylvania Coal Co. v. [read post]
20 Dec 2018, 4:05 pm by Lawrence Solum
In 1921, Pennsylvania’s Kohler Act and lesser known Fowler Act, which sought to protect surface owners from anthracite coal mine subsidence and to increase tax revenue from anthracite mining, ignited the legal wrangling that eventually led to Pennsylvania Coal Co. v. [read post]
26 Jun 2017, 6:35 am by Seth Jaffe
”  In other words, the original decision on regulatory takings, Pennsylvania Coal Co. v. [read post]
19 Feb 2016, 3:58 pm by Arthur F. Coon
Much like Justice Oliver Wendell Holmes’ seminal opinion holding that a regulation that “goes too far” can be a taking of property (see Pennsylvania Coal Co. v. [read post]
2 Apr 2015, 12:13 pm by Robert Thomas (
The past ten years have been particularly fruitful, as litigants struggle with the meaning and extent of the Fifth Amendment’s Public Use Clause and the extent to which the overzealous exercise of the police power can sufficiently deprive a landowner of rights in property so that the property has been “taken” by regulation, ever since Justice Holmes opined in Pennsylvania Coal Co. v. [read post]
28 Jan 2015, 5:00 am by Ms. Magna Carta
  [1] Pennsylvania Coal Co v Mahon, 260 US 393 (1922) [2] Lucas v South Carolina Coastal Council, 112 S. [read post]