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Create a 6 page essay paper that discusses The Bill that Was Brought by the Plaintiffs to Prevent Pennsylvania Coal Company.The implied limitation has some limits. The law has the intention of protect
Create a 6 page essay paper that discusses The Bill that Was Brought by the Plaintiffs to Prevent Pennsylvania Coal Company.
The implied limitation has some limits. The law has the intention of protecting the surface in case of mining anthracite coal. The opinion of the court suggested that compensation must be done to sustain the act when the damage reaches a certain magnitude. This legal move is aimed at sustaining the act. In most cases, the biggest weight is given to the legislature. This means that the law has contended only when the legislature goes beyond its constitutional power.
The court held that the act cannot be sustained as a subject of the police power. This is because it should never be allowed to make mining of coal commercially impossible or impractical. The act is tantamount to destroying the mineral. The legal environment in the United States depicts a mixed image (Hay et al, 2005). The government is keenly interested in accomplishing its goals. This sometimes happens at the expense of the private interests. According to the court, the law presupposes that the private property can only be protected, in this context, for the public interest. In such cases, compensation must be done. The government seems to have less interest in addressing the investment concerns that might be raised. The powerful businesses that yield considerable power are not entirely secure. These businesses are subject to the strategic interests of the federal government’s policies (Kulick, 2012). When the protection of private property rights is redefined in case of matters of national interest. The court was bent to believing that too much regulation amounts to a taking. The strong desire to improve public conditions must be subjected to constitutionalism. This means that private the private companies must pay for the change they want. This opinion indicates that the government administration on matters of national interest involving powerful businesses is even.The important businesses rare have the privileges they expect. The legal environment fails to take into account their expected output.
