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
Lucas argued that the state's restriction of the land constituted taking without just compensation. The South Carolina Supreme Court ordered the state of South Carolina to purchase the two lots in question from David Lucas. "Protecting Private Property Ownership. "Long ago it was recognized that all property in this country is held under the implied obligation that the owner's use of it shall not be injurious to the community, and the Takings Clause did not transform that principle to one that requires compensations whenever the State asserts its power to enforce it" (Keystone Bituminous Coal Ass. However, the money is going to come from fees and charges placed on people using the airport. South Carolina Coastal Council in June of 1992. 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.
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