takings analysis in Penn Central Transportation
Contrary to what the article suggests, in addition to this narrow category of "total" or "catergorical" takings, (1) in which a landowner must prove a loss of all value, "partial" regulatory takings challenges are governed by the standards set forth in Penn Central Transportation
Bailout!: Government Intervention in Business succinctly and objectively covers corporate bailouts and includes a history of government intervention in business dating back to 1970, when the government provided the Penn Central Transportation
Company with $700 million to pay its creditors.
The second type of taking is based on the application of the balancing test developed in Penn Central Transportation
He then joined the Chicago, Rock Island & Pacific Railroad as chairman and president, serving in that post until 1970, when he became lead bankruptcy trustee and later (1974-1976) president of the Penn Central Transportation
The genesis of the regulatory takings test is Justice Brennan's 1978 decision in Penn Central Transportation
To better understand the Tahoe-Sierra decision, and its impact on temporary takings law, it will be useful to review three key takings tests: the general test outlined in Penn Central Transportation
In a process reminiscent of early court findings regarding air rights and the over-flight of aircraft, the court simply found that the Penn Central Transportation
Company did not own the air rights above Grand Central Terminal.
The cases are all modern: Penn Central Transportation
The Supreme Court decision in Penn Central Transportation