About: Eastern Enterprises v. Apfel     Goto   Sponge   NotDistinct   Permalink

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Eastern Enterprises v. Apfel, 524 U.S. 498 (1998), is a United States Supreme Court case in which the Court held that the (Coal Act) constituted an unconstitutional regulatory taking of property which required the Act to be invalidated. The import of this decision is that it was made in the context of a purely economic regulation. The plurality examines the statute and its resultant harm as an ad hoc factual inquiry based on factors delineated in Penn Central Transportation Co. v. New York City, such as the economic impact of the regulation, its interference with reasonable investment backed expectations, and the character of the governmental action. The decision thereby moved beyond the traditional notions of equal protection which had been applied to economic regulation since the time o

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  • Eastern Enterprises v. Apfel (en)
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  • Eastern Enterprises v. Apfel, 524 U.S. 498 (1998), is a United States Supreme Court case in which the Court held that the (Coal Act) constituted an unconstitutional regulatory taking of property which required the Act to be invalidated. The import of this decision is that it was made in the context of a purely economic regulation. The plurality examines the statute and its resultant harm as an ad hoc factual inquiry based on factors delineated in Penn Central Transportation Co. v. New York City, such as the economic impact of the regulation, its interference with reasonable investment backed expectations, and the character of the governmental action. The decision thereby moved beyond the traditional notions of equal protection which had been applied to economic regulation since the time o (en)
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  • (en)
  • Eastern Enterprises, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security, et al. (en)
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  • Stevens (en)
  • Breyer (en)
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  • Stevens, Souter, Ginsburg (en)
  • Souter, Ginsburg, Breyer (en)
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  • Eastern Enterprises v. Apfel, (en)
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  • Eastern Enterprises, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security, et al. (en)
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  • Whether a regulatory act constitutes a taking requiring compensation depends on the extent of diminution in the value of the property. (en)
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