Pennsylvania Coal Co. v. Mahon

Date: December 11, 1922

Citation: 260 U.S. 393

Issue: Takings

Significance: The Supreme Court first held that a regulation regarding land use may constitute a taking.

Justice Oliver Wendell Holmes wrote the opinion for the 8-1 majority. Holmes ruled that a Pennsylvania statute regulated land to such an extent that a coal company could not access the coal deposit for which it owned the mineral rights. The Supreme Court held that the regulation was a taking for which just compensation had not been offered. Justice Louis D. Brandeis dissented. Keystone Bituminous Coal Association v. DeBenedictis (1987) seems to modify Pennsylvania Coal, but neither holding determined exactly when such a regulation became a taking, and the controversy continued.

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