California, United States of America
The following excerpt is from City of Needles v. Griswold, 6 Cal.App.4th 1881, 8 Cal.Rptr.2d 753 (Cal. App. 1992):
"[T]he Fifth Amendment's just compensation provision is 'designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.' [Citation.]" (First Lutheran Church v. Los Angeles County (1987) 482 U.S. 304, 318-319, 107 S.Ct. 2378, 2387-2388, 96 L.Ed.2d 250.) Nothing in the constitution suggests that only those unfair burdens which are permanent are barred. To the contrary, " 'temporary' takings which, as here, deny a landowner all use of his property, are not different in kind from permanent takings, for which the Constitution clearly requires compensation." (Id., at p. 318, 107 S.Ct. at p. 2387.)
2. A Deprivation of Property Rights Pendente Lite Is a Taking.
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