Pennsylvania Coal v Mahon 260 U.S. 393 (1922). Welcome to the wonderful world of regulatory takings . What’s it all about?. Could a restriction on the use of property to protect others constitute a taking of private property? Prevailing thought was no.
Welcome to the wonderful world of regulatory takings.
Subsidence – a diagrammatic depiction of a mine-
roof collapse and the effect on the surface.
“Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law.
but it always is open to interested parties to contend that the legislature has gone beyond its constitutional power.”
if regulation goes too far it will be recognized as a taking.”
. . .
Mining under the Kohler Act