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Definition
| Snail darter case, Is an agency violating sect 7 of ESA by building a dam in its habitat? The court ruled yes and that as such an injunction must be issued, however the longterm outcome of the case was that the God Committee was created to balance economic and other benefits vs loss of species |
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Term
| Eastern Enterprises v. Apfel |
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Definition
| Exactions case: a Federal law forces P to pay benefits to workers with black lung disease, dissent dis agrees with upholding the law because they do not believe this is a case of private property for public use |
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Definition
| Exaction case: in order ot obtain a permit to expand parking lot the business is required by law to have a greenway for flood plain and a bike path. Law struck down b/c the relationship is rough and unproven |
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Term
| Nollan v. Cali Coastal Commission |
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Definition
| Exaction case: P required by law to provide public beach walk in exchange for permit, law struck down b/c was not significant relationship btwn exaction and regulation |
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Term
| Stop the Beach Renourishment case |
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Definition
| beach was restored and high water mark was redrawn, as result private property owners lost direct beach access, not a taking |
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Definition
| State wetland permit denied, anyone can challenge at any time, does not matter if final plan has been submitted yet. |
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Term
| Lake Tahoe Sierra Preservation |
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Definition
| Is prohibition over a set period of time a taking? yes, in this case too temporary of restricted use to be a taking, dissent argues that this was a total wipe out of P ability to use their property for the set time period so it is owed temporary compensation |
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Term
| Lucas v S. C. Coastal Council |
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Definition
P purchases land and is then told cant build due to caroliina law that prohibits building on barrier sand dunes,
Scalia says total wipe out is taking per se unless right to prohibit building is in states common law already |
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