Skip to content
Back to judgment

Citation network

Palazzolo Vs. Rhode Island

Cites for this judgment

  • US Supreme Court
  • Jun 28, 2001

Citation network · 7-day free trial

Brief every cited case in minutes

Open an 18-section AI Brief on any citation below, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial - no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

74 entries 5 linked 69 unlinked
Show
  1. Pennsylvania Coal Co. Vs. Mahon US Supreme Court · Dec 11, 1922
  2. Lopez Vs. Davis US Supreme Court · Oct 30, 2000
  3. Webb's Fabulous Pharmacies, Inc. Vs. Beckwith US Supreme Court · Dec 09, 1980
  4. Felder Vs. Casey US Supreme Court · Jun 22, 1988
  5. Yee Vs. Escondido US Supreme Court · Apr 01, 1992
  6. Palazzolo v. Rhode
    Search
  7. Island - 533 U.S. 606 (2001) October Term, 2000 Syllabus Palazzolo V. Rhode
    Search
  8. of his property, resulting in a total taking requiring compensation under Lucas v. South
    Search
  9. expectation that he could develop his property, and, therefore, he could not recover under Penn Central Transp. Co. v. New
    Search
  10. a final decision regarding their application to the property at issue. Williamson County Regional Planning Comm'n v. Hamilton
    Search
  11. the responsible agency determines the extent of permitted development on the land. MacDonald, Sommer & Frates v. Yolo
    Search
  12. regulation. The State may not by this means secure a windfall for itself. See, e. g., Webb's Fabulous Pharmacies, Inc. v. Beckwith
    Search
  13. when a claim becomes ripe is too blunt an instrument to accord with the duty to compensate for what is taken. Nollan v. California
    Search
  14. of his property, ibid., resulting in a total tak- 616 ing requiring compensation under Lucas v. South
    Search
  15. of all economic use, the court concluded he could not recover under the more general test of Penn Central Transp. Co. v. New
    Search
  16. of the Fifth Amendment, applicable to the States through the Fourteenth Amendment, Chicago, B. & Q. R. Co. v. Chicago
    Search
  17. requires compensation under the Clause. Loretto v. Teleprompter
    Search
  18. Manhattan CATV Corp., 458 U. S. 419 , 427 (1982). In Pennsylvania Coal Co. v. Mahon
    Search
  19. Agins v. City
    Search
  20. Armstrong v. United
    Search
  21. ripeness, and acquisition which postdates the regulation. A In Williamson County Regional Planning Comm'n v. Hamilton
    Search
  22. on the land in question. MacDonald, Sommer & Frates v. Yolo
    Search
  23. Suitum v. Tahoe
    Search
  24. cf. Agins v. City
    Search
  25. burden property by imposition of repetitive or unfair land-use procedures in order to avoid a final decision. Monterey v. Del
    Search
  26. principles the owner's damages will be based upon the property's fair market value, see, e. g., Olson v. United
    Search
  27. reviewing state court has cited noncompliance with reasonable statelaw exhaustion or pre-permit processes, see Felder v. Casey
    Search
  28. Property rights are created by the State. See, e. g., Phillips v. Washington
    Search
  29. to the regulation. The State may not by this means secure a windfall for itself. See Webb's Fabulous Pharmacies, Inc. v. Beckwith
    Search
  30. at the time of the taking, and that the right to compensation is not passed to a subsequent purchaser. See Danforth v. United
    Search
  31. not have been taken, by a previous owner. 629 There is controlling precedent for our conclusion. Nollan v. California
    Search
  32. Id., at 834, n.2. It is argued that Nollan's holding was limited by the later decision in Lucas v. South
    Search
  33. a regulatory action is measured against the value of the parcel as a whole, see, e. g., Keystone Bituminous Coal Assn. v. DeBenedictis
    Search
  34. based on that use restriction. Accordingly, the Court holds that petitioner's claim under Penn Central Transp. Co. v. New
    Search
  35. Penn Central, supra, at 123-124 (quoting Armstrong v. United
    Search
  36. Penn Central, supra, at 124 (quoting Goldblatt v. Hempstead
    Search
  37. see also Yee v. Escondido
    Search
  38. a personal financial investment by a postenactment acquirer of property, such as a donee, heir, or devisee. Cf. Hodel v. Irving
    Search
  39. Hawaii Housing Authority v. Midkiff
    Search
  40. Lucas v. South
    Search
  41. of its value as to be unconstitutional. Which is to say that a Penn Central taking, see Penn Central Transp. Co. v. New
    Search
  42. requirement of the Takings Clause, see Hawaii Housing Authority v. Midkiff
    Search
  43. Chicago v. Atchison
    Search
  44. person who owned the property at the time of the taking that is entitled to the recovery. See, e. g., Danforth v. United
    Search
  45. the result of an arm's-length negotiation, an inheritance, or the dissolution of a bankrupt debtor. Cf. United States v. Dow
    Search
  46. See Pennsylvania Coal Co. v. Mahon
    Search
  47. Rivers v. Roadway
    Search
  48. Clause issue if it (1) is generally applicable and (2) is directed at preventing a substantial public harm. Cf. Lucas v. South
    Search
  49. for fruit a trespasser spirited from the orchard before he acquired the property. The Court's holding in Nollan v. California
    Search
  50. Council properly respected whatever limited rights he may have retained with regard to filling the wetlands. Cf. Lujan v. G &
    Search

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial