Legal Opinion · Concurrence

Merritt v. State

Idaho Supreme Court

Decided July 10, 1987No. 15945Published

1ConcurrenceBakes, Justice

Governmental regulation or limitation of access to public streets is only one form of police power regulation which impinges on property rights, thereby implicating the provisions of the fifth and fourteenth amendments to the United States Constitution and art. 1, § 13, of the Idaho Constitution, which prohibit government from taking property without due process and payment of just compensation. There are several other ways in which government can exercise its police power which results in the limitation on use of real and personal property. Andrus v. Allard, 444 U.S. 51, 100 S.Ct. 318, 62…

2Cases cited5 opinions

  1. Agins v. City of TiburonSupreme Court of the United States · 1980
  2. Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
  3. Andrus v. AllardSupreme Court of the United States · 1979
  4. Rueth v. StateIdaho Supreme Court · 1978
  5. Barton v. StateIdaho Supreme Court · 1983

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