· 2/15/1995
M & J Coal Company and Monongah Development Company v. United States
Citations
- 47 F.3d 1148
- 40 ERC (BNA) 1353
- 1995 U.S. App. LEXIS 2835
- 1995 WL 60800
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing mine owner’s right to mine but conditioning right on not endangering public health and safety
- stating that the court only proceeds to the second step in a takings analysis “if the claimant can establish the existence of [a property] interest”
- stating that if a claimant can establish an interest in property, “the court must then determine whether the governmental action at issue constituted a compensable taking of that [interest]”
- stating that if a claimant can establish an interest in property, “the court must then determine whether the governmental action at issue constituted a compensable taking of that ‘stick’ ”
- analyzing whether “interest was a ‘stick in the bundle of property rights’ acquired by the owner”
- analyzing whether “interest was a ‘stick in the bundle of property rights’ acquired by the owner”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Bennett, Lourie
Read full opinion on CourtListenerSourced 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.