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User:RD/9k/Fifth Amendment (Q17,55)

From Philosophical Research
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Main entry[edit]

  1. United States constitutional amendment

    / Bill of Rights (United States)
  2. Government will not seize property

    (Amendment 5) / Government will not seize property without compensation (Amendment 5 to the United States constitution)

Selected cases[edit]

  1. Agins v. City of Tiburon (1980) [1]
  2. An instance of government using property can be considered "taking" in the context it does not substantially advance legitimate state interests
  3. Lingle v. Chevron (2005) [2] -> case between lessee of local gas station in Hawaii and Chevron, far away on U.S. mainland. Hawaii passed a law to limit the amount of rent Chevron can charge.
    court ruled that previous test was invalid but did not really give an outcome on whether Chevron was right or not.

Ideology codes[edit]

  • (none)