legislation as taking
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 308 U.S. 271 - Danforth v. United States · 1939Most cited · 807 citing opinions
The mere enactment of legislation which authorizes condemnation of property cannot be a taking. Such legislation may be repealed or modified, or appropriations may fail.
How often courts cite the case defining “legislation as taking”
Court decisions citing the opinion that defined “legislation as taking” — 807 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.