RESOLUTION ADOPTED BY THE NATIONAL LEAGUE OF CITIES

MINNEAPOLIS, MINNESOTA

DECEMBER 4, 1994

RESOLUTION - 71

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OPPOSING FEDERAL RESTRICTIONS ON MUNICIPAL REQULATORY AUTHORITY

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WHEREAS. the subject of "takings" is the subject of legislative debate and

litigation and this debate and litigation is expected to expand and continuo; and

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WHEREAS, proposals to regulate 'rakings' increasingly propose resulting

governmental actions which do not place property in government ownorship but instead create situations in which it can be asserted that the governmental action rosults in a roduction in the value of a property or restricts the futuro growth in the value of that property; and

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WHEREAS. the very reason for the existence of municipal government is to

protect the hoalth, welfare and safety of the public; and

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WHEREAS, this protection of health, welfaro and safoty 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

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WHEREAS, the Fifth Amendinant of the United States Constitution contains

language prohibiting the taking of property without just compensation; and

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WHEREAS, all municipal regulatory actions must be taken within the constraints

of the Fifth Amendment which is subjec: to continuing rofinement by the courts; and

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WHEREAS,. a number of state municipal !eaguos have been involved in efforts to

stop or modify such "takings" initiatives at the stato lovol and such offort will be undercut it federal actions preempt the fiold on this subject.

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NOW, THEREFORE BE IT RESOLVED that the National League of Cities opposos

any federal regulation, statuto, or constitutional amendment which would place restrictions on stato and local government actions regulating private property or requiring additional compensation boyond the continually ovolving judicial intorprotations of the Fifth Amendmont of the United States Constitution.

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NATIONAL

CONFERENCE OF STATE LEGISLATURES

IHO BROADWAY SUME YOU DENVER, COLORADO BOX

XO-120 200 FAX: 03-NAJ 40

ROBERTT.CONNOR
SEUN MOLTY OD

DELAWARE
RAMIDUNT, NOEL

JOHN TURCOTTE
DIRECTORIO IU como

massisson
STAFFOLUR NOEL

Governmental Regulation and Taldings Under the Finh Amendment

WILLIAM POUND

EXLCUTIM NECTA 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 regiuatory takings requiring state compensation Such questions of constitutional dimension should remain a matter for case by case determination in line with Fifth Amendment jurisprudence.