The Property Rights/Eminent Domain vote from Tuesday... (1 Viewer)


Aug 15, 2000
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da boyah
9 states voted to bar or severely restrict the government's right to take property and/or defined specific remedies for landowners' redress against the government. Apparently this isn't in direct contradiction to the Supreme Court decision from last year. According to CNN legal expert Toobin, all the court said was that States can do it, they never (similarly) said that states couldn't do it. So his take is that the property rights lobby is just fighting back. He cautioned, however, about a pending onslaught of what he called regulatory property rights compensation. This is a movement within the anti-eminent domain types that states that even specific zoning, in some instances, offers potential redress for land or property owners that has the government very worried. The theory is that I could sue the government because they tell me I am disallowed for putting up a multi-family, and therefore, are limiting my right to potential value that I might have with their restriction. I'm assuming this is more related to non-deeded subdivisions and is more at either the community or state level, but I could be wrong.

I know that property-rights are stickler issue for many fiscal libertarians. But is this necessarily a good thing that maybe could go too far? Someone educate me on this, because I don't see the value in being able to make a claim for value that might not be there. It's like the crackhead getting a judicial award after a car accident because now he can't be a brain surgeon. Any takers?


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