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 |
From inside the book
Results 1-5 of 27
Page 8
... determines the property owner is not entitled to compensation . We are confident that the sheer volume of entitle- ment requests under these schemes would be overwhelming . Agencies with little ex- perience in addressing the novel ...
... determines the property owner is not entitled to compensation . We are confident that the sheer volume of entitle- ment requests under these schemes would be overwhelming . Agencies with little ex- perience in addressing the novel ...
Page 12
... determining whether you want the Federal Government's expenditure of funds to be determined through some- thing other than ultimately an article III court , but I am willing to think about it . Mr. CANADY . I have a particular question ...
... determining whether you want the Federal Government's expenditure of funds to be determined through some- thing other than ultimately an article III court , but I am willing to think about it . Mr. CANADY . I have a particular question ...
Page 13
... determine that ? I would assume that much of what EPA does , for instance , would put a limit of 10 percent on the property use for landfill , other things . What would your interpretation be ? How often would the President have to make ...
... determine that ? I would assume that much of what EPA does , for instance , would put a limit of 10 percent on the property use for landfill , other things . What would your interpretation be ? How often would the President have to make ...
Page 15
... protection of Federal law to deal with the problem . It seems to me where this bill has its impact- and where the dangerous consequences are - is that in any area where we have determined and Congress has determined that there 15.
... protection of Federal law to deal with the problem . It seems to me where this bill has its impact- and where the dangerous consequences are - is that in any area where we have determined and Congress has determined that there 15.
Page 16
... determined and Congress has determined that there is a Federal interest , a national interest , and we therefore have passed a Federal statute which presumably goes beyond what is already protected against under local law or deals in an ...
... determined and Congress has determined that there is a Federal interest , a national interest , and we therefore have passed a Federal statute which presumably goes beyond what is already protected against under local law or deals in an ...
Other editions - View all
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.