Protecting Private Property Rights from Regulatory Takings: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, First Session, February 10, 1995 |
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Page 4
... affected by Federal actions . I think in order to be as concrete as possible , I will concentrate particularly on title IX , which is the part of Contract With America which has had the most attention , although clearly these remarks ...
... affected by Federal actions . I think in order to be as concrete as possible , I will concentrate particularly on title IX , which is the part of Contract With America which has had the most attention , although clearly these remarks ...
Page 5
... affects the value of property . I think that what this proposal does is turn every government action into a law- yer's argument . It really is a lawyer's dream in which they can then ... affected . I can see that I have exhausted my time . 5.
... affects the value of property . I think that what this proposal does is turn every government action into a law- yer's argument . It really is a lawyer's dream in which they can then ... affected . I can see that I have exhausted my time . 5.
Page 7
... affected . Indeed , we recognize that the value of property in the community as a whole is thereby enhanced . When the government goes too far , however , compensation must be paid . This Constitutional tradition has been carefully ...
... affected . Indeed , we recognize that the value of property in the community as a whole is thereby enhanced . When the government goes too far , however , compensation must be paid . This Constitutional tradition has been carefully ...
Page 16
... affected by a statute in ways that he could have anticipated when he originally purchased the property , then that might well undermine any claim that he might have . Those are the factors that the courts have taken into account . Mr ...
... affected by a statute in ways that he could have anticipated when he originally purchased the property , then that might well undermine any claim that he might have . Those are the factors that the courts have taken into account . Mr ...
Page 17
... affected by a range of government regulations . And if we say that every time that happens and lawyers can make an argument that the impact is beyond a certain percentage , we are going to have to pay compensation , then what you are ...
... affected by a range of government regulations . And if we say that every time that happens and lawyers can make an argument that the impact is beyond a certain percentage , we are going to have to pay compensation , then what you are ...
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Common terms and phrases
affected agency action American Attorney bill budget burden bureaucrats CANADY Chairman City of Tigard claims Clean Water Act Cline common compensation principle compensation requirement Competitive Enterprise Institute Congress conservation Constitution Contract with America Corps costs economic Endangered Species Act environment environmental protection erty federal agencies federal government Fifth Amendment FRANK government action government regulation governmental habitat health and safety Heck impact imposed incentive individual interest issue Justice limit litigation ment National neighbors nuisance PILON poll prepared statement preserve private land private ownership private property owners private property rights problems Property Rights Reader property values proposals protect private property public health question red-cockaded woodpeckers regulatory takings require compensation responsibility restrictions Reverend CAMPBELL Roger Pilon SCHMIDT School of Law statute Subcommittee Supreme Court taken for public takings clause takings legislation taxpayers Thank tion Title Title IX violation Washington wetlands wildlife
Popular passages
Page 29 - Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law. As long recognized, some values are enjoyed under an implied limitation and must yield to the police power. But obviously the implied limitation must have its limits, or the contract and due process clauses are gone.
Page 97 - 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.
Page 23 - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community.
Page 23 - All men have certain natural, essential, and inherent rights; among which are the enjoying and defending life and liberty; acquiring, possessing, and protecting property; and, in a word, of seeking and obtaining happiness.
Page 57 - People's livelihoods, possibly even their lives, can be destroyed at the whim of the state. One of the most eloquent commentators on the relationship between freedom and property rights was Noah Webster. The noted American educator and linguist said: Let the people have property and they will have power — a power that will forever be exerted to prevent the restriction of the press, the abolition of trial by jury, or the abridgment of many other privileges.
Page 24 - In vain may it be urged that the good of the individual ought to yield to that of the community, for it would be dangerous to allow any private man, or even any public tribunal, to be the judge of this common good, and to decide whether it be expedient or no. Besides, the public good is in nothing more essentially interested than in the protection of every individual's private rights as modelled by the Municipal Law.
Page 58 - Court, quite simply, has been unable to develop any "set formula" for determining when "justice and fairness" require that economic injuries caused by public action be compensated by the government, rather than remain disproportionately concentrated on a few persons.
Page 24 - Besides, the public good is in nothing more essentially interested, than in the protection of every individual's private rights, as modelled by the municipal law. In this and similar cases the legislature alone can, and indeed frequently does, interpose, and compel the individual to acquiesce.
Page 22 - Indeed, in a free government, almost all other rights would become utterly worthless, if the government possessed an uncontrollable power over the private fortune of every citizen. One of the fundamental objects of every good government must be, the due administration of justice ; and how vain it would be, to speak of such an administration, where all property is subject to the will or caprice of the legislature and the rulers ! § 395.
Page 60 - Responsible fiscal management and fundamental principles of good government require that government decision-makers evaluate carefully the effect of their administrative, regulatory, and legislative actions on constitutionally protected property rights...