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 . . .
“Protecting Private Property Ownership. When someone from the private sector causes detriment to federal lands they must compensate the government for the lost lands. South Carolina Coastal Council, Lucas bought two adjacent lots on the coast of the Isle of Palms in South Carolina, only to have the land restricted by the state, which prevented his intended use of the lots. The state of South Carolina saw Lucas’ property as unsafe. The state then put the two lots on the market as residential sites. In Colorado, a piece of legislation is being proposed that might become a model for other states where property rights are concerned. When the taking is free to the government, it appears to be a good plan of action for them. This piece of legislation would help speed the process that is so costly for property owners. The Private Property Protection Act would allow “a landowner to seek compensation when a regulation takes away more than fifty percent of the land’s value” (McClaughry 4).
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