What Constitutes ''too Far'' In Pennsylvania Case Law ?
In Penn Central Transportation Company v. New York City, 438 U.S. 104, 124, 57 L. Ed. 2d 631, 98 S. Ct. 2646 (1978), the United States Supreme Court stated that the determination of what constitutes "too far" depends on the facts and circumstances of a particular case.
In Penn Central, the United States Supreme Court identified the following as significant factors in determining whether a taking has occurred: "the economic impact of the regulation, . . . and particularly, the extent to which the regulation has interfered with distinct investment-backed expectations . . . and the character of the government action." Penn Central, 438 U.S. at 124.