Notice that the cases we have discussed so far all involve physical takings: Berman (blighted land taken from original owners and transferred to developers for re-development; Midkiff (Fee Simples taken from oligopolist landlords and re-sold to tenants); Kelo (land taken from homeowners and leased to developers); Causby (government aircraft physically intruding on private airspace); Loretto (cable companies authorized to trespass on private apartment buildings): Cedar Point ("California regulation grants labor organizations a 'right to take access' to an agricultural employer’s property").
Physical takings--no matter how small--trigger a per se rule requiring just compensation. Period!
What is the difference between a physical taking and a regulatory taking? Was the taking in Mahon a regulatory taking, or was it a physical taking requiring certain coal to physically be left in the ground to provide physical support for structures built on the surface?
