This flashcard is just one of a free flashcard set. See all flashcards!
104
Plymouth Coal
Not unreasonable exercise of police power of state to require owners of adjoining coal properties to cause boundary pillars
Average reciprocity of advantage
→ if you are not getting benefit from taking, more likely a Taking
→ if you are getting benefit from taking, less likely to be a Taking
“held competent for the legislature to require a pillar of coal to the left along the line of adjoining property, that with the pillar on the other side of the line would be a barrier sufficient for the safety of the employees of either mine in case the other should be abandoned and allowed to fill with water. But that was a requirement for the safety of employees invited into the mine, and secured an average reciprocity of advantage that has been recognized as a justification of various laws.”
Average reciprocity of advantage
→ if you are not getting benefit from taking, more likely a Taking
→ if you are getting benefit from taking, less likely to be a Taking
“held competent for the legislature to require a pillar of coal to the left along the line of adjoining property, that with the pillar on the other side of the line would be a barrier sufficient for the safety of the employees of either mine in case the other should be abandoned and allowed to fill with water. But that was a requirement for the safety of employees invited into the mine, and secured an average reciprocity of advantage that has been recognized as a justification of various laws.”
