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도서 We are in danger of forgetting that a strong public desire to improve the public...에 대해 검색한
" We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change. "
American Law Reports Annotated - 38 페이지
1925
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Private Property Rights Implementation Act of 1999: Hearing Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution - 2000 - 47 페이지
...(emphasis in orginal). The lower courts' condescension against constitutional land use matters "forget[s] that a strong public desire to improve the public...the constitutional way of paying for the change." Pennsylvania Coal Co. v. Mahon, 260 US 393, 416 (1922) (Holmes, J.) 3 Hodel v. Virginia Surface Mining...
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The Justices, Judging, and Judicial Reputation

Kermit Hall - 2000 - 384 페이지
...mining companies, and thus had infringed their rights. "We are in danger of forgetting,*' Holmes noted, "that a strong public desire to improve the public...the constitutional way of paying for the change." Even if the statute had been passed "upon the conviction that an exigency existed," the "question at...
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Property Rights: From Magna Carta to the Fourteenth Amendment

Bernard H. Siegan - 2001 - 329 페이지
...there must be an exercise of eminent domain and compensation to sustain the act."183 He warned that "[w]e are in danger of forgetting that a strong public...cut than the constitutional way of paying for the charge."184 This opinion is consistent with Holmes's view in Parks that the legislature does not have...
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The Supreme Court in American Society: Equal Justice Under Law

Kermit L. Hall - 2001 - 788 페이지
...strong puhlic desire to improve the puhlic condition is not enough to warrant achieving the desire hy a shorter cut than the constitutional way of paying for the change.'' Even if the statute had heen passed "upon the conviction that an exigency existed." the "question at...
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The Endangered Species Act: Law, Policy, and Perspectives

William Robert Irvin - 2002 - 582 페이지
...preservation. On this point, Justice Holmes delivered a warning 75 years ago that remains fresh today: "We are in danger of forgetting that a strong public...cut than the constitutional way of paying for the change."183 Notes 1. 16 USC §1531. 2. Tennessee Valley Auth. v. Hill, 437 US 153, 179 (1978). 3. MAJORITY...
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Pollution and Property: Comparing Ownership Institutions for Environmental ...

Daniel H. Cole, Daniel Cole - 2002 - 209 페이지
...Justice Hallows's response to Justice Holmes's famous assertion in Pennsylvania Coal, that "a strong desire to improve the public condition is not enough...cut than the constitutional way of paying for the damage": 53 This observation refers to the improvement of the public condition, the securing of a benefit...
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Property Rights: Rights and Liberties Under the Law

Polly J. Price - 2003 - 321 페이지
...may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking. We are in danger of forgetting that a strong public...than the constitutional way of paying for the change. . . . When this seemingly absolute protection is found to be qualified by the police power, the natural...
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Case Studies in Environmental Ethics

Patrick George Derr, Edward M. McNamara - 2003 - 273 페이지
...large, not by a few targeted citizens. Justice Holmes's admonition of 80 years ago again rings true: "We are in danger of forgetting that a strong public...than the constitutional way of paying for the change" (Mahon 260 US at 416).8 QUESTIONS For most of these questions, it may be useful to compare diis case...
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GAO's Recent Report on the Implementation of Executive Order 12630 and the ...

United States, United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution - 2003 - 104 페이지
...disappears. But that cannot be accomplished In this way under the Constitution of the United States. . . . We are In danger of forgetting that a strong public desire to Improve the public condition Is not enongh to warrant achieving the desire by a shorter cut than the eonstlnitkmaJ way of paying for the...
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Natural Assets: Democratizing Ownership Of Nature

University of Massachusetts at Amherst. Natural Assets Project - 2003 - 332 페이지
...shoulders [ie, onto the owner of the mine]. . . . Strong public desire to improve the public condinon is not enough to warrant achieving the desire by a shorter cut than the consnmnonal way of paying for the charge. . . . This is a quesnon of degree. Cited more than 100,000...
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