This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Zoning, Planning and Use

May 25, 2005

Justices Repudiate 'Takings' Test

WASHINGTON - In a significant victory for federal, state and local governments, the U.S. Supreme Court on Monday rejected a property-rights challenge to a Hawaii law capping rent rates for gasoline stations, backing away from a 25-year-old holding that a government regulation could be a considered a taking of property if it did not substantially advance a legitimate state interest.

By Brent Kendall
Daily Journal Staff Writer
        WASHINGTON - In a significant victory for federal, state and local governments, the U.S. Supreme Court on Monday rejected a property-rights challenge to a Hawaii law capping rent rates for gasoline stations, backing away from...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up