By | October 15, 2009 - 3:31 am - Posted in Uncategorized
One of the purposes of the Fifth Amendment is to protect private property from usurpation by government, declaring “nor shall private property be taken for public use, without just compensation. ” Under the law of eminent domain, the state can compel a property owner to sell his property to the government, but is required to justly compensate him for the loss. However, there are other ways in which the state can usurp private property rights without actually taking title to the property. When the state imposes regulations that deprive a citizen of the rights associated with private ownership of some or all of his property, it’s known as a “regulatory taking. ”
In 1992, the U.