C & G, Inc. v. Canyon Highway District No. 4

Justice Pro Tem HOHNHORST,

specially concurring.

Like Judge Schwartzman, I concur fully in the majority opinion. I also join in his special concurrence. I write separately only for the purpose of pointing out that invasive, uncompensated takings which entail the construction of public improvements on private property have distinct characteristics which set them apart from both non-invasive and so-called “regulatory” takings. There are sound practical and policy reasons for recognizing these distinctions. This case presents a classic example of these differences and serves to readily explain why…