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44centsAKAchoccake

05/03/15 12:57 AM

#16098 RE: rosen62 #16097

Here is another link from the same takings blog.

http://takingslitigation.com/2015/01/11/penn-central-lives-on/

The Penn Central case took "air rights" from PC investors and gave then to the citizens of NYC. SCOTUS decided it was not severe enough to constitute a taking.

Our case is that the 3rd A. gives to taxpayers what should go to shareholders. And the harm needs to be severe enough to constitute a taking.

http://en.wikipedia.org/wiki/Penn_Central_Transportation_Co._v._New_York_City