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 4
... takings clause of the fifth amendment which provides that the Government shall not take private property for public use without just com- pensation . The Chief Justice reminded us that the takings clause of the fifth amendment is as ...
... takings clause of the fifth amendment which provides that the Government shall not take private property for public use without just com- pensation . The Chief Justice reminded us that the takings clause of the fifth amendment is as ...
Page 6
... takings . " I am pleased to be joined by Christopher H. Schroeder , a ... takings proposals currently being considered by Congress will do nothing either to protect ... clause is its flexibility . In de- ciding whether a regulation is a ...
... takings . " I am pleased to be joined by Christopher H. Schroeder , a ... takings proposals currently being considered by Congress will do nothing either to protect ... clause is its flexibility . In de- ciding whether a regulation is a ...
Page 18
... takings clause . And I think some would say that property law has gone from being a boring first - year subject to an area that arouses a lot of in- terest from scholars . And those are the debates that go on . But this , in a certain ...
... takings clause . And I think some would say that property law has gone from being a boring first - year subject to an area that arouses a lot of in- terest from scholars . And those are the debates that go on . But this , in a certain ...
Page 21
... takings clause of the fifth amendment . The intellectual origins of the takings clause can be traced to the precepts of natural law as well as to the English common law tra- dition . The principle of just compensation when private ...
... takings clause of the fifth amendment . The intellectual origins of the takings clause can be traced to the precepts of natural law as well as to the English common law tra- dition . The principle of just compensation when private ...
Page 22
... takings jurisprudence is whether governmental actions short of formal condemnation or physical intrusion effectuate a taking for which compensation is re- quired . Consistent with the spirit of the takings clause , both courts and ...
... takings jurisprudence is whether governmental actions short of formal condemnation or physical intrusion effectuate a taking for which compensation is re- quired . Consistent with the spirit of the takings clause , both courts and ...
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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.