Difference between revisions of "Judicial taking"
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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]]. | 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]] | [[category:Fifth Amendment]] | ||
Revision as of 00:55, August 20, 2011
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).