34567 RESOLUTION ADOPTED BY MINNEAPOLIS, MINNESOTA OPPOSING FEDERAL RESTRICTIONS ON MUNICIPAL REGULATORY AUTHORITY WHEREAS, the subject of "takings" is the subject of legislative debate and litigation and this debate and litigation is expected to expand and continue; and WHEREAS, proposals to regulate "takings" increasingly propose restricting governmental actions which do not place property in government ownership but instead create situations in which it can be asserted that the governmental action results in a reduction in the value of a property or restricts the future growth in the value of that property; and WHEREAS, the very reason for the existence of municipal government is to WHEREAS, this protection of health, welfare and safety involves city and town governments on a daily and continuing basis in a myriad of regulation of private property including such actions as zoning, planning and licensing; and WHEREAS, the Fifth Amendment of the United States Constitution contains language prohibiting the taking of property without just compensation; and WHEREAS, all municipal regulatory actions must be taken within the constraints of the Fifth Amendment which is subject to continuing refinement by the courts; and WHEREAS, a number of state municipal !eagues have been involved in efforts to stop or modify such "takings" initiatives at the state level and such efforts will be undercut if federal actions preempt the field on this subject. NOW, THEREFORE BE IT RESOLVED that the National League of Cities opposes any federal regulation, statute, or constitutional amendment which would place restrictions on state and local govemment actions regulating private property or requiring additional compensation beyond the continually evolving judicial interpretations of the Fifth Amendment of the United States Constitution. NATIONAL CONFERENCE OF STATE LEGISLATURES 1560 BROADWAY SUITE 700 DENVER, COLORADO 80202 303-830-2200 FAX: 103-863-8003 ROBERT T.CONNOR SENATE MINORITY WHIP DELAWARE PRESIDENT, NCSL JOHN TURCOTTE DIRECTOR, JOINT PERA COMM STAFF CHAIR MCEL Governmental Regulation and "Takings' Under the Fifth Amendment WILLIAM POUND EXECUTIVE DIRECTOR NCSL strongly opposes any section of legislation or regulation at the national level that would: 1) attempt to define or categorize compensable "takings" under the Fifth Amendment to the United States Constitution; or 2) interfere with a state's ability to define and categorize regulatory takings requiring state compensation. Such questions of constitutional dimension should remain a matter for case by case determination in line with Fifth Amendment jurisprudence. |