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Andrus v. Allard

United States Supreme Court

444 U.S. 51 (1979)

Relevant factsFree

Allard (plaintiff) sold Native American artifacts containing eagle feathers lawfully gathered before a 1940 protective statute took effect, but federal regulations banned commercial sale of all eagle parts, including pre-1940 ones, since post- and pre-Act feathers can't be reliably distinguished; Allard argued this ban, as applied to his lawfully-acquired artifacts, effected an unconstitutional taking, and the district court agreed.

IssueFree

Whether a government prohibition on the sale of lawfully acquired eagle feathers constitutes a Fifth Amendment taking.

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