Taylor & Sons, Inc., et al. v. United States, et al.
Takings
Does the fact that the property is generating profits on the date of taking satisfy the economic impact requirement to find a regulatory taking under Penn Central?
QUESTIONS PRESENTED At the time the Government required Petitioners to cease doing business under their Chrysler dealer franchises, which are compensable property interests under the Fifth Amendment, each was profitable. But the courts below held that the government-caused shutoff of Petitioners’ streams of income did not satisfy Penn Central’s economic impact element—and thus did not constitute a Fifth Amendment taking for which just compensation was due. THE QUESTIONS PRESENTED ARE: 1. Does the fact that the property is generating profits on the date of taking satisfy the economic impact requirement to find a regulatory taking under Penn Central? 2. Does Penn Central provide an adequate rule of law to guide federal and state courts in determining whether a compensable Fifth Amendment regulatory taking has occurred?