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· 5/14/1962

Goldblatt v. Town of Hempstead

Citations

  • 369 U.S. 590
  • 82 S. Ct. 987
  • 8 L. Ed. 2d 130
  • 1962 U.S. LEXIS 1269

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an ordinance regulating dredging and pit excavating was a valid exercise of police power wherein it prevented the defendant from further excavation below the water table
  • holding that a regulation prohibiting excavations below groundwater level was not a taking because the regulation only limited some forms of development, but did not decrease market value
  • finding that local government may prohibit soil excavation use in order to protect public welfare
  • explaining that government regulation if onerous enough can constitute a taking, with there being “no set formula to determine where regulation ends and taking begins”
  • explaining that to state a takings claim, a plaintiff must show that he was subject to regulations that prohibited him from all, or substantially all, of the beneficial use of his property
  • upholding law effectively preventing continued operation of quarry in residential area against challenge that such was a taking without just compensation

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark, Frankfurter, White

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.