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Application for Release of Reservations Board of Trustees of the Internal Improvements Writeable PDF Form

Application for Release of Reservations Board of Trustees of the Internal Improvements Writeable PDF Form

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Ever since Penn Central, regulatory takings law is construed in a way that gives state and local governments some deference or some benefit of the doubt. Penn Central is the dominant approach, and the Penn Central test instructs courts to balance three factors. The first factor is to look at the impact of the economic effect of the restriction on the owner and his use of his property. The second factor looks at the effect of the regulation on the reasonable investment-backed expectation the owner has, and the third factor looks at the justification of the government action. In most cases, courts construe the first factor and the second factor, telling the owner, “Be happy with what you can do. Don’t complain too much about the things you can’t do.” But in two limited situations, courts take those two same factors and say those factors work in favor of the owner. If a regulation has the effect of ordering a touching of the property, then the person who suffers the touching can c

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