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 7
... allows the courts to address the many different situations in which regulations might affect property . It allows for the fair and just balancing of the landowner's reasonable expectations and property rights with the public benefits of ...
... allows the courts to address the many different situations in which regulations might affect property . It allows for the fair and just balancing of the landowner's reasonable expectations and property rights with the public benefits of ...
Page 8
... allow Americans to enjoy the high standard of living we have come to expect and demand . The costs of these protections should Title IX of H.R. 9 or an equivalent become law will simply become too costly or will bust the budget ...
... allow Americans to enjoy the high standard of living we have come to expect and demand . The costs of these protections should Title IX of H.R. 9 or an equivalent become law will simply become too costly or will bust the budget ...
Page 9
... allow us to protect basic human dignity , even if that protection restricts land use to some extent . A much ... allowed in the restaurant ) and thus dimin- ished the value of his property , he probably would be entitled to compensation ...
... allow us to protect basic human dignity , even if that protection restricts land use to some extent . A much ... allowed in the restaurant ) and thus dimin- ished the value of his property , he probably would be entitled to compensation ...
Page 10
... allow for the safe development of the property , compensation could still be sought from the Corps . Suppose the ... allowed to fill portions of certain wetlands without needing to get an individual permit , and they are not required to ...
... allow for the safe development of the property , compensation could still be sought from the Corps . Suppose the ... allowed to fill portions of certain wetlands without needing to get an individual permit , and they are not required to ...
Page 19
... allow them to develop homes on their land . According to an advance copy of Heck's testimony , the six - year legal battle has left the Heck's destitute - unable to pay doctor bills or buy hearing aids . The dramatic testimony is ...
... allow them to develop homes on their land . According to an advance copy of Heck's testimony , the six - year legal battle has left the Heck's destitute - unable to pay doctor bills or buy hearing aids . The dramatic testimony is ...
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Common terms and phrases
agency action American Attorney bill budget burden bureaucrats CANADY Chairman claims Clean Water Act Cline common compensation principle compensation requirement Competitive Enterprise Institute CONG CONGRESS THE LIBRARY conservation Constitution Corps costs economic Endangered Species Act environment erty federal agencies federal government Fifth Amendment FRANK government regulation governmental habitat health and safety Heck impact imposed incentive individual interest issue Justice LIBRARY CONGRESS LIBRARY OF CONGRES LIBRARY OF CONGRESS 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 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 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 87 - Amendment's guarantee [is] designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole,
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 - 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 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...
Page 24 - In this and similar cases the Legislature alone can, and, indeed, frequently does. interpose and compel the individual to acquiesce, but how does it interpose and compel ? Not by absolutely stripping the subject of his property in an arbitrary manner, but by giving him a full indemnification and equivalent for the injury thereby sustained.
Page 4 - Good morning Mr. Chairman and members of the Committee. I am pleased to be here to present the views of the Department of the Interior on S.