What is the test for relying on the "takings" clause of the Fifth Amendment?
California, United States of America
The following excerpt is from F & L Farm Co. v. City Council of the City of Lindsay, 65 Cal.App.4th 1345, 77 Cal.Rptr.2d 360 (Cal. App. 1998):
The farm owners did not rely in the court below on the "takings" clause of the Fifth Amendment to the United States Constitution. That provision, made applicable to the states by the Fourteenth Amendment, provides for similar but somewhat narrower protection against governmental takings. (Hensler v. City of Glendale (1994) 8 Cal.4th 1, 9, fn. 4, 32 Cal.Rptr.2d 244, 876 P.2d 1043.)
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