Legal Opinion
Shirley A. Rockstead and Carol J. Henderson v. City of Crystal Lake
Court of Appeals for the Seventh Circuit
Decided April 10, 2007No. 06-1286PublishedCited by 20 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The Constitution does not forbid government to take private property for public use; it merely requires that, if it does so, it pay the owner just compensation. Therefore the Constitution is not violated until the government refuses to compensate the owner. Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172, 194-95 and n. 13, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985). When, as alleged in this case, the government (a town in Illinois) takes the property without a condemnation proceeding, the owner must, if the government refuses to pay, file a suit…
2Cases cited24 opinions
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Lochner v. New YorkSupreme Court of the United States · 1905
- Palazzolo v. Rhode IslandSupreme Court of the United States · 2001
- Rapanos v. United StatesSupreme Court of the United States · 2006
- San Remo Hotel, L. P. v. City & County of San FranciscoSupreme Court of the United States · 2005
19 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Severance v. PattersonCourt of Appeals for the Fifth Circuit · 2009
- Hensley v. City of ColumbusCourt of Appeals for the Sixth Circuit · 2009
- Peters v. Village of CliftonCourt of Appeals for the Seventh Circuit · 2007
- A Forever Recovery, Inc. v. Township of PennfieldCourt of Appeals for the Sixth Circuit · 2015
- DOWNING/SALT POND v. RI & Providence PlantationsCourt of Appeals for the First Circuit · 2011
15 more not listed; retrieve them via the Exa API.