Also known as: backed · backs · endorsement · indorsement
Written by attorneys · grounded in primary & secondary sources — see below
The extent to which a government regulation interferes with a property owner's distinct investment-backed expectations, one of three factors courts balance in regulatory takings analysis.
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Beatrice Brown bought Grand Central Terminal intending to build a large office tower above it. After the city designated the terminal a landmark and blocked the tower, she sued claiming a taking. The court evaluated the backing of her substantial investment in the property when balancing the economic impact and character of the regulation against her distinct expectations.
Bianca Blanco originated a mortgage loan to a homeowner and later assigned the note and mortgage to Bayside Shipping. When the borrower defaulted, Bayside sought to foreclose. The court required that the backing of the obligation remain with the party enforcing the mortgage to avoid splitting the note from the security instrument.
Bernard Bass contributed to a political action committee that supported candidates. After limits on such contributions were enacted, he argued the restrictions violated the First Amendment. The court examined whether the backing of independent expenditures could be regulated without directly limiting candidate speech.
Blue Horizon Industries wanted to use corporate funds to produce a film critical of a candidate. Federal law prohibited such expenditures. The company challenged the ban, claiming that the backing of political speech by corporations deserved full First Amendment protection.
Belinda Baxter gave a statement to police describing an assault. At trial the prosecution offered the statement after she became unavailable. The defense objected that the backing of the statement as testimonial evidence required a prior opportunity for cross-examination under the Confrontation Clause.
Bethany Boyd sought university funding for a religious newspaper. The school denied the request to avoid appearing to endorse religion. She sued, arguing that the denial of neutral funding constituted viewpoint discrimination rather than permissible avoidance of improper backing of religious speech.
Courts balance the economic impact of the regulation on the claimant, the extent of interference with distinct investment-backed expectations, and the character of the governmental action. Landmark restrictions that leave an owner with reasonable beneficial use are generally upheld.
…court of New York on a bill of exchange, accepted in New York, instituted by the holder, a citizen of Maine. The acceptance and indorsement of the bill were admitted. The defence was rested on allegations that the bill had been received in payment of a pre-existing debt; that the acceptance had been given for lands which the…