...health, the morals, or the safety of the public, is not . . . burdened with the condition that the state must compensate such individual owners for pecuniary...their property, to inflict injury upon the community." It is clear in Harlan's majority opinion that the legislature has the power to declare as "noxious"...

...organized society, cannot be - burdened with the condition that the State must compensate such Individuals for pecuniary losses they may sustain, by reason of...their property to inflict Injury upon the community. (123 US at pages 668-669, 8 S.Ct. at pages 300-301) The principles enunciated in Mugler have been applied...

...must compensate them for primary losses they aay sustain, by reason of their not being permitted1, by a noxious use of their property, to inflict injury upon the community. 25 Precautionary Measures The state is also permitted to exercise its police power by enforcing certain...

...existence and safety of organized society cannot be — burdened with the condition that the State must compensate such individual owners for pecuniary...their property, to inflict injury upon the community. (Mugler v. Kansas, pp. 668-669) Justice Stevens quotes this statement both in his opinion in Keystone...

...abating a public nuisance." Id. at 492 n.22. Government need not pay owners for monetary loss suffered by "'not being permitted, by a noxious use of their property, to inflict injury upon the community.'" Id. at 489 (quoting Mualer v. Kansas. 123 US at 669). As the Kevstone Court recognized, id. at 490,...

...implied obligation that the owner's use of it shall not be injurious to the community"; and further. "The exercise of the police power by the destruction of property which is in itself a public nuisance, or the prohibition of its use in a particular way, whereby its value becomes...

...imposes these types of health and safety regulations, it may not be burdened by the condition that it must compensate such individual owners for pecuniary...their property, to inflict injury upon the community." Thus, there is a whole range of land use decisionmaking not covered by the case. As the majority opinion,...

...existence and safety of organized society, cannot be — burdened with the condition that the State must compensate such individual owners for pecuniary...a noxious use of their property, to inflict injury on the community. The exercise of the police power by the destruction of property which is itself a...

...deemed a taking or an appropriation of property ana cannot be burdened with the condition that the State must compensate such individual owners for pecuniary...their property, to inflict injury upon the community." That case has been recited repeatedly in modern cases for precisely the proposition that I just quoted....

...burdened with the condition that the State must compensate such individual owners for pecuniary losses 124 they may sustain, by reason of their not being permitted,...their property, to inflict injury upon the community. "l So too the Court made clear nearly seventy years ago that compensability does not turn on whether...