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YEE v. CITY OF ESCONDIDO

No. 90-1947.

503 U.S. 519 (1992)

112 S.Ct. 1522

118 L.Ed.2d 153

YEE et al. v. CITY OF ESCONDIDO, CALIFORNIA

Supreme Court of United States.

Decided April 1, 1992.

Attorney(s) appearing for the Case

Robert J. Jagiello argued the cause for petitioners. With him on the briefs was Robert H. Bork.

Carter G. Phillips argued the cause for respondent. With him on the brief were Rex E. Lee, Donald R. Lincoln, Linda B. Reich, David R. Chapman, and Jeffrey R. Epp.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Stevens, Scalia, Kennedy, and Thomas, JJ., joined. Blackmun, J., p. 539, and Souter, J., p. 539, filed opinions concurring in the judgment.

Justice O'Connor, delivered the opinion of the Court.

The Takings Clause of the Fifth Amendment provides: "[N]or shall private property be taken for public use, without just compensation." Most of our cases interpreting the Clause fall within two distinct classes. Where the government authorizes a physical occupation of property (or actually takes title), the Takings Clause generally requires compensation. See, e. g.,...

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