Brief Fact Summary. The Petitioner, Pennsylvania Coal (Petitioner), wants to mine under the Respondent, Mahon’s (Respondent), home for coal. But Respondent claims that Petitioner lost this right when the state passed legislation that forbids mining when it might cause the land to collapse.
Synopsis of Rule of Law. A taking can result from regulation of property that seriously interferes with the use or enjoyment of the property by the owner.
Issue. Does this act result in a taking of the coal company’s property rights?
Held. Yes. Whether a regulation goes too far and becomes a taking is a question of degree. Here, it would be improper to provide a person who assumed the risk of acquiring only surface rights with greater rights than they bought.
The protection of private property in the Fifth Amendment presupposes that it is wanted for public use, but provides that it shall not be taken for such use without compensation.View Full Point of Law