While some cases in the early days of regulatory takings jurisprudence
162) This is particularly true since many of the takings cases
the Takings Clause, a provision of the Coal Industry Retiree Health
available to judicial takings plaintiffs in federal court.
17l) If judicial takings cases are able to proceed in
The taking of movable water stores by the Israeli occupying forces would be insignificant in comparison with the taking of immovables.
As noted earlier, discussion of Israel's actions through a bifurcated approach involving compensation for wrongs and compensation for a taking of Palestinian rights is thus necessary in analyzing amounts of compensation owed.
Instead, the law delineates a few categories of governmental acts that will never constitute takings in the constitutional sense, even when they involve the outright appropriation or destruction of private property.
Actions directed at controlling common law nuisances are deemed not to be takings, even when they have devastating effects on private property.
37) Forfeitures of property that occur in accordance with statutory and due process requirements are also exempted from Takings Clause scrutiny.
42) Outright appropriations may be impermissible acts, (43) legitimate takings (conscious exercises of eminent domain), or legitimate, noncompensable acts (such as property forfeitures for criminal conduct).
As the analysis thus far has established, takings jurisprudence grapples with two contested boundaries: 1) the line between takings that are not for public use and those that are ("the public use line"); and 2) the line between legitimate governmental acts that can be carried out without paying compensation and legitimate governmental acts that require compensation ("the regulatory takings line").