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Cell Towers: the Fifth Amendment Takings Clause is absolutely implicated
An RF Safe commentary argues that radiofrequency emissions from cell towers should be treated as a “physical invasion” of private property under the U.S. Constitution’s Fifth Amendment Takings Clause. The author claims courts and agencies have misframed RF exposure as a regulatory issue rather than a per se physical occupation, citing Supreme Court takings precedents (e.g., Loretto and Cedar Point). The piece also asserts that federal law (referencing Section 704) limits objections on health grounds, strengthening the need for a takings-based legal theory.
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