The Gov't's Taking of Private Property
"The Government's Taking of Private Property" The Constitution of the United States is based primarily on the ideas of the 17th Century English philosopher John Locke. Locke thought that everyone had natural rights, which included life, liberty, and property. Locke stated "the great and chief end, therefore, of men's uniting into commonwealths, and putting themselves under government, is the preservation of property" (Locke/ McClaughry 3). He thought that if any of these rights were violated that the violator should make restitution. The Takings Clause in the Fifth Amendment of the Constitution states "Nor shall private property be taken for public use, without just compensation." When the government needs a citizen's private property to build roads or buildings, they compensate the person with money roughly equal to the value of that person's land. The problem of the government taking or restricting a citizen's land arises with regulation of private property. John McClaughry defines regulatory taking "as a governmental confiscation or destruction of economic rights by regulation, without the physical occupation which would trigger just compensation to the owner" (McClaughry 7). The case of Lucas v. South Carolina Coas
"Justice Delayed is Justice Denied. Defendants "cannot claim their land is valueless simply because they might have developed it in the future" (Butler 5). It is possible that one landowner could lose more money on a piece of property that is only partially taken and not receive compensation for it, when another landowner could be compensated for a piece of land that is not wholly worth as much as the other owner's partial piece. In 1997, Senator Hatch (R-UT) introduced a piece of legislation called the Citizen's Access to Justice Act. This Act helps owners pass their first hurdle by allowing them to have the merits of their case heard in federal court. South Carolina Coastal Council in June of 1992. "Private Property Owners Get to Compensate Government for Taking Property!" Committee on Resources. In compensation for the affects on the habitat, ".
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