Analysis of property

By: Derek Hawkins//July 5, 2017//

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United States Supreme Court

Case Name: MURR ET AL. v. WISCONSIN ET AL.

Case No.: 15-214

Focus: Analysis of property

The State Court of Appeals was correct to analyze petitioners’ property as a single unit in assessing the effect of the challenged governmental action.

The Court’s Takings Clause jurisprudence informs the analysis of this issue. Regulatory takings jurisprudence recognizes that if a “regulation goes too far it will be recognized as a taking.” Pennsylvania Coal Co. v. Mahon, 260 U. S. 393, 415. This area of the law is characterized by “ad hoc, factual inquiries, designed to allow careful examination and weighing of all the relevant circumstances.” Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U. S. 302, 322.

Affirmed

Dissenting: Roberts, Thomas, Alito

Concurring:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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