Keystone bituminous Coal Association v. DeBenedictis: a regulatory taking

Journal Article · · W.Va. Law Rev.; (United States)

OSTI ID:6188725

Van Damme, M

The courts find it difficult to resolve takings issues because government regulations often limit individual property rights. The Keystone case illustrates the legal issues. An overview of the historical development of the takings and the contract clauses and the applications of the diminution of value and the noxious use tests concludes with an analysis of the Third Circuit Court's analysis. The authors concludes that there is still no clear demarcation between what is a taking and what is a mere regulation, and that the Supreme Court ruling does not increase the predictability of government regulation in terms of whether it is a taking requiring compensation or an exercise of police power to further the public good.

• OSTI ID: 6188725
• Journal Information: W.Va. Law Rev.; (United States), Journal Name: W.Va. Law Rev.; (United States) Vol. 89:3; ISSN WVLRD
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
017000* -- Coal
Lignite
& Peat-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
293000 -- Energy Planning & Policy-- Policy
Legislation
& Regulation
294001 -- Energy Planning & Policy-- Coal
CASE LAW
COAL INDUSTRY
CONTRACTS
EMINENT DOMAIN
INDUSTRY
LAWS
LEGAL ASPECTS
PROPERTY RIGHTS
REGULATIONS
STATE GOVERNMENT