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 19
Page 3
... responsibility to examine these cases . In some instances , such as the recent Supreme Court decision of Dolan v . City of Tigard , courts have been making new law in the realm of property takings . Our Constitution is a vital document ...
... responsibility to examine these cases . In some instances , such as the recent Supreme Court decision of Dolan v . City of Tigard , courts have been making new law in the realm of property takings . Our Constitution is a vital document ...
Page 4
... responsibility for most of the Federal Government's legal matters that involve relationships with private property owners . And I think it is only when you look at this proposal in relation to the whole range of Federal Govern- ment ...
... responsibility for most of the Federal Government's legal matters that involve relationships with private property owners . And I think it is only when you look at this proposal in relation to the whole range of Federal Govern- ment ...
Page 7
... responsibility to refrain from exercising our rights in ways that harm others . The Pending Compensation Bills The pending compensation bills disregard our civic responsibilities and set aside our Constitutional tradition . They replace ...
... responsibility to refrain from exercising our rights in ways that harm others . The Pending Compensation Bills The pending compensation bills disregard our civic responsibilities and set aside our Constitutional tradition . They replace ...
Page 27
... responsibilities . The victim must pay the pol- luter not to harm her . Accommodation of conflicting uses is pre- cluded . Government is disabled . The very existence of the commu- nity and the public interest is denied . The argument ...
... responsibilities . The victim must pay the pol- luter not to harm her . Accommodation of conflicting uses is pre- cluded . Government is disabled . The very existence of the commu- nity and the public interest is denied . The argument ...
Page 30
... responsibilities . The victim must pay the polluter not to harm her . Accommodation of conflicting uses is precluded . Government is disabled . The very existence of the community and of the public interest is denied . The argument will ...
... responsibilities . The victim must pay the polluter not to harm her . Accommodation of conflicting uses is precluded . Government is disabled . The very existence of the community and of the public interest is denied . The argument will ...
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.