Physical Taking - Judgment Search Results

Yee Vs. Escondido

Court: US Supreme Court

..... s 940 1988 these cases in turn held that mobile home ordinances effected physical takings not regulatory takings fairly construed then petitioners question presented is the equivalent of the question did ..... petitioners question presented was whether the lower court erred in finding no physical taking and the regulatory taking claim is related to but not fairly included in that question thus .....

Tahoe-sierra Preservation Council, Inc. Vs. Tahoe Regional Planning Ag ...

Court: US Supreme Court

..... of the fifth amendment itself provides a basis for drawing a distinction between physical takings and regulatory takings its plain language requires the payment of compensation whenever the government acquires ..... fundamental distinction petitioners wisely do not place all their emphasis on analogies to physical takings cases instead they rely principally on our decision in lucas v south carolina .....

income-tax Officer Vs. Sohan Singh Dhingra

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (1986)19ITD390(Delhi)

..... possession of the sums allotted to each of them the physical taking out of the money from the assets of the assessee huf ..... and the physical handing over of the same to the members concerned however did not take place what was done by ..... be partially partitioned must be specified and the said properties should be physically partitioned amongst the members in question and only if there be .....

Lucas Vs. South Carolina Coastal Council

Court: US Supreme Court

..... l rev of law econ 125 1992 6 as the court correctly notes in regulatory takings unlike physical takings courts have a choice of remedies see ante at 1030 n 17 they may ..... clauses in their constitutions ibid 23 james madison author of the takings clause apparently intended it to apply only to direct physical takings of property by the federal government see treanor the origins .....

Venkataramanappa, Bangalore and Others Vs. State of Karnataka, Bangalo ...

Court: Karnataka

..... particularly as the government records and the acquisition records have never revealed the actual factual physical taking of possession of land in a manner known to law 46 a chain of lies ..... fact supported by any commensurate material available in the records particularly to show the factual physical taking over of possession of the lands by either the magistrate or the land acquisition officer .....

Dharmarajan Vs. State of Kerala

Court: Kerala

..... quot to get into possession quot no doubt it does mean physical taking but not necessarily by use of force or fraud the word ..... is essential that the offence of conspiracy requires some kind of physical manifestation of agreement however express agreement need not be proved nor ..... to submit herself while in free and unconstrained possession of her physical and moral power to act in a manner she wanted .....

Lingle Vs. Chevron U. S. A. Inc.

Court: US Supreme Court

..... of property so onerous that outside the exactions context they would be deemed per se physical takings in neither case did the court question whether the exaction would substantially advance some legitimate ..... under one of the other theories discussed above by alleging a physical taking a lucas type total regulatory taking a penn central taking or a land use exaction violating the standards set forth .....

Sugrabi W/O Tayabali Mohd. Singaporewala and ors. Vs. Cavas Navroji Pa ...

Court: Mumbai

Reported in: 1984(2)BomCR277

..... and persons concerned then it is difficult to see how merely because there was no physical taking and giving possession the transaction could not be termed as on implied surrender it has ..... act 6th edition page 745 observed there must be a taking of possession not necessarily a physical taking but something amounting to a virtual taking of possession if therefore an inference that possession must .....

Keystone Bituminous Vs. Debenedictis

Court: US Supreme Court

..... this action on the holder of the property is indistinguishable from the effect of a physical taking footnote 2 5 thus it is clear our decision in andrus v allard supra would ..... its impact on property rights our decisions establish that governmental action short of physical invasion may constitute a taking because such regulatory action might result in as complete a loss as if .....

Prithi Pal Singh and ors. Vs. Lieutenant Governor and ors.

Court: Delhi

..... is not even a recorded note of opening the gate entering into the property or physically taking over possession thereafter all that is written is that the possession proceedings are thereafter complete ..... there is no recording of any gate being opened to enter the property or to take over physical possession all that is written is that the possession proceedings are complete 43 we .....