When regulations go too far the taking of private property by environmental regulations
- Linowes and Blocher, Annapolis, MD (United States)
Seventy years ago Justice Oliver Wendell Homes wrote in an Opinion of the United States Supreme Court that{open_quotes}...while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking.{close_quotes} Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1992) The Fifth Amendment of the United States Constitution provides that private property shall not be {open_quotes}taken for public use, without just compensation{close_quotes}. After lying dormant for half a century, the {open_quotes}takings{close_quotes} clause of the United States constitution is being invoked to challenge environmental regulations throughout the country. In essence, property owners are saying that if the government wants to regulate to protect wetlands, wildlife habitat and other natural resources it must pay just compensation to the property owners for the restrictions imposed upon the use of their land. During the past ten years, the U.S. Supreme Court has decided several takings cases. While the judicial branch of government has become increasingly active in takings cases, the U.S. Congress and State legislatures have also been extremely active in efforts to protect private property rights. Typically, these legislative requires a takings impact analysis by the government to determine if its actions are likely to result in the compensable taking of private property or require compensation if property values are reduced by a certain percentage. This paper reviews the judicial standards that have been established for reviewing taking claims and sets forth a framework for analyzing when a regulation goes {open_quotes}too far{close_quotes} so as to require payment of compensation.
- Research Organization:
- National Association of Environmental Professionals, Washington, DC (United States)
- OSTI ID:
- 125972
- Report Number(s):
- CONF-9506115-; TRN: 95:006735-0066
- Resource Relation:
- Conference: 20. National Association of Environmental Professionals annual conference and exposition: environmental challenges - the next twenty years, Washington, DC (United States), 10-13 Jun 1995; Other Information: PBD: 1995; Related Information: Is Part Of Environmental challenges: The next 20 years. Proceedings; PB: 932 p.
- Country of Publication:
- United States
- Language:
- English
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