Pennsylvania Coal Co. v. Mahon PDF

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Constitutional Law II 2020 case brief and lecture notes for pa coal co...

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PENNSYLVANIA COAL CO. v. MAHON 260 U.S. 393 (1922) FACTS: Parties: Appellant: Pennsylvania Coal Co (Δ) Appellee: Mahon (Π) Procedural History: 

Court of Common Pleas found for Δ



PA SC Reversed

Relevant Facts: 

Deed conveys the surface to Π but in express terms reserves the right to remove all coal under the same and the grantee takes the premises with the risk and waives all claim for damages that may arise from mining out the coal



PA Act forbids the mining of anthracite coal in such a way as to cause the subsidence of any structure used as a human habitation

ISSUE: 

Whether a statute which admittedly destroys previously existing rights of property and contract and severely restricts existing land use rights constitutes an unconstitutional taking unless just compensation is paid

PARTIES’ ARGUMENTS: Appellant:  Appellee:  DISPOSITION OF THE COURT: 

Reversed

RULE OF LAW: 

A regulation that severely restricts land use rights amounts to an unconstitutional taking unless just compensation is paid

HOLDING: 

The PA statute amounts to a taking of Δ’s property which must be justly compensated

COURT’S REASONING:  CONCURRING OPINION:  DISSENTING OPINION: ...