Difference between revisions of "Judicial taking"
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(First proposed by Justice Potter Stewart in 1967, four U.S. Supreme Court justices embraced this Fifth Amendment protection of property owners against judicial takings in June 2010.) |
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| − | A '''judicial taking''' is a court decision that deprives a property owner of a pre-existing right. It is the judicial analog to [[eminent domain]]. | + | A '''judicial taking''' is a court decision that deprives a property owner of a pre-existing, established right in that property. It is the judicial analog to [[eminent domain]]. |
| − | First proposed by Justice [[Potter Stewart]] in 1967, four [[U.S. Supreme Court]] justices embraced this [[Fifth Amendment]] protection of property owners against judicial takings in June 2010. | + | First proposed by Justice [[Potter Stewart]] in 1967, four [[U.S. Supreme Court]] justices embraced this [[Fifth Amendment]] protection of property owners against judicial takings in June 2010, in ''Stop the Beach Renourishment v. Florida Dep't of Envtl. Prot.'', 130 S. Ct. 2592 (2010). |
| − | [[ | + | [[Category:Fifth Amendment]] |
Latest revision as of 06:29, June 27, 2016
A judicial taking is a court decision that deprives a property owner of a pre-existing, established right in that property. It is the judicial analog to eminent domain.
First proposed by Justice Potter Stewart in 1967, four U.S. Supreme Court justices embraced this Fifth Amendment protection of property owners against judicial takings in June 2010, in Stop the Beach Renourishment v. Florida Dep't of Envtl. Prot., 130 S. Ct. 2592 (2010).