When good is bad:: Good v. United States and reasonable investment-backed expectations

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作者
Hymas, D
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X [环境科学、安全科学];
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08 ; 0830 ;
摘要
In Good v. United States the Federal Circuit tried to clarify the parameters of the reasonable investment-backed expectations test. In ruling against Good's regulatory takings claim the court held that Good had actual and constructive knowledge of the regulations limiting the use of his property. The court's holding expands prior analyses in two important ways. First, it inquired into Good's expectations after he had already acquired the property. Second it imputed knowledge of growing public environmental awareness to Good. Given the facts, the court's holding unnecessarily broadened prior case law and did not define its limits for future courts to follow.
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页码:431 / 454
页数:24
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