4- Judicial TakingsWe have considered how legislatures and administrative agencies at various levels of government might violate the Takings Clause. Notice that the Takings Clause is written in the passive voice (“nor shall private property be taken . . .”). (Can a court “take” property? Consider the following case.Stop the Beach Renourishment, Inc. v. FloridaDepartment of Environmental ProtectionUnited States Supreme Court, 2010560 US. 702JUSTICE SCALIA announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, IV, and V, and an opinion with respect to Parts II and III, in which THE CHIEF JUSTICE, JUSTICE THOMAS and JUSTICE ALITO join.We consider a claim that the decision of a State’s court of last resort took property without just compensation in violation of the Takings Clause of the Fifth Amendment, as applied against the States through the Fourteenth...
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