神马作文网英语翻译One justice,William Rehnquist,concurred but added,“ If I
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英语翻译
One justice,William Rehnquist,concurred but added,“ If I were satisfied that this appeal was from a final judgment or decree of the California court of appeals,...I would have little difficulty in agreeing with much of what is said in the dissenting opinion of Justice Brennan.”
Brennan’s dissent (in which Justices Potter Stewart,Thurgood Marshall,and Lewis Powell joined) was,to put it gently,a shocker.He held there had been a “taking.” Measure the following language in San Diego by the facts in the Penn Central case:
Moreover,mere invalidation would fall far short of fulfilling the fundamental purpose of the Just Compensation Clause.That guarantee was designed to bar the government from forcing some individuals to bear burdens [that],in all fairness,should be borne by the public as a whole....If the regulation denies the private property owner the use and enjoyment of his land and is found to effect a “taking,” it is only fair that the public bear the cost of benefits received during the interim period between application of the regulation and the government entity’s rescission of it.[Citations and footnote omitted.]
One justice,William Rehnquist,concurred but added,“ If I were satisfied that this appeal was from a final judgment or decree of the California court of appeals,...I would have little difficulty in agreeing with much of what is said in the dissenting opinion of Justice Brennan.”
Brennan’s dissent (in which Justices Potter Stewart,Thurgood Marshall,and Lewis Powell joined) was,to put it gently,a shocker.He held there had been a “taking.” Measure the following language in San Diego by the facts in the Penn Central case:
Moreover,mere invalidation would fall far short of fulfilling the fundamental purpose of the Just Compensation Clause.That guarantee was designed to bar the government from forcing some individuals to bear burdens [that],in all fairness,should be borne by the public as a whole....If the regulation denies the private property owner the use and enjoyment of his land and is found to effect a “taking,” it is only fair that the public bear the cost of benefits received during the interim period between application of the regulation and the government entity’s rescission of it.[Citations and footnote omitted.]
法官威廉·伦奎斯特赞同并补充道：“如果我肯定这次诉求来自最终审判或者加州地方法院,……那我就能轻松地赞同布伦南法官所说的大多数反对意见.”
布伦南（以及法官波特·斯图尔特、瑟古德·马歇尔、路易斯·鲍威尔）提出的异议有点令人震惊.他坚持其中有某种”利益损失“.以佩恩中央交通公司的案子来评价下面的一段圣地亚哥的文字：
并且,单单的废止远无法满足公平补偿条款的基本目的.设计这个保障的目的是防止政府把本该公众承担的负担不公平地加诸于某些个人身上.……如果这条法规不让私有财产拥有者享用其土地或者它导致了某种”利益损失“,那么政府实行和废止法规过程中产生的利益成本必须由公众承担,这才是公平的.（引用与脚注略）
布伦南（以及法官波特·斯图尔特、瑟古德·马歇尔、路易斯·鲍威尔）提出的异议有点令人震惊.他坚持其中有某种”利益损失“.以佩恩中央交通公司的案子来评价下面的一段圣地亚哥的文字：
并且,单单的废止远无法满足公平补偿条款的基本目的.设计这个保障的目的是防止政府把本该公众承担的负担不公平地加诸于某些个人身上.……如果这条法规不让私有财产拥有者享用其土地或者它导致了某种”利益损失“,那么政府实行和废止法规过程中产生的利益成本必须由公众承担,这才是公平的.（引用与脚注略）
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