pay for the mining rights of the land as well, there is no authority to grant those rights without compensation. (If the land above required compensation, so therefore does the land below.) The Court also employed a general sense of morality when it stated, "We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change." Id. at 416. Dissenting Opinion: Brandeis, J. Justice Brandeis, "chiefly argued for what is now called the nuisance exception: if a land use is itself noxious, dangerous, or causes a public nuisance, the legislature is free to regulate its use without compensation, even though the police power may cause great loss to the property owner." Brandeis explained nearly every restriction upon the use of property entails a deprival of some right of the owner, but this can be justified by the police power because restrictions, "imposed to protect the public health, safety or morals from dangers threatened is not a taking." In this case, the police power applies insofar as the Kohler Act prohibits a noxious use, the noxious use here being the subsidence of buildings. Justice Brandeis also addresses the public/private aspect of the Kohler Act stating that, "the purpose of a restriction does not cease to be public, because incidentally some private persons may thereby receive gratuitously valuable special benefits...Furthermore, a restriction, though imposed for a public purpose, will not be lawful, unless the restriction is an appropriate means to the public end. But to keep coal in place is surely an appropriate means of preventing subsidence of the surface; and ordinarily it is the only available means." Result Judgment/disposition Supreme Court of Pennsylvania judgment reversed. Subsequent Case History Today, the Supreme Court quotes Justice Holmes in Mahon for the recognition of the invalidity of a government regulation that so severely burdens private property that it constitutes a taking under the Fifth Amendment. The cited cases include: Goldblatt v. Hempstead, 369 U.S. 590, 594 (1962); Penn Central Transportation Co. v. New York City, 438 U.S. 104, 127 (1978); Agins v. City of Tiburon, 447 U.S. 255 (1980); San Diego Gas & Electric Co. v. City of San Diego, 450 U.S. 621 (1981); Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982); Keystone Bituminous Coal Association v.