𝔖 Bobbio Scriptorium
✦   LIBER   ✦

Competition is constitutional: four fallacies in the argument that transmission access constitutes a taking

✍ Scribed by Sara D. Schotland


Book ID
104374459
Publisher
Elsevier Science
Year
1996
Tongue
English
Weight
389 KB
Volume
9
Category
Article
ISSN
1040-6190

No coin nor oath required. For personal study only.

✦ Synopsis


Her clients in the electric power area include industrial consumers and

others who seek increased transmission access.

Competition is Constitutional: Four Fallacies in the Argument that Transmission Access Constitutes a Taking

New transmission regulations may cause a change in property value or property access; however, this alone does not constitute a regulatory taking. In an industry with a long history of regulation and some degree of shared transmission access, the utilities are going to be hard pressed to show that recent open access mandates are in violation of the Takings Clause of the Fifth Amendment.