DOLLARS AND DAMAGES: A DEBATE
The Fifth Amendment to the United States Constitution states "nor shall private property be taken for public use, without just compensation." This article presents both sides of the "takings" debate, examining the question "Should the federal government pay compensation when it reduces land values?" Berger argues that Congress should legislate fairness by declaring that property owners are entitled to compensation for the harsh impact of government regulations. Kayden retorts that property owners are protected against bearing a burden, calling the Fifth Amendment clause a beacon of clarity, except in government regulation cases in which the light dims substantially. The takings debate often comes into play when the government uses its eminent domain power to acquire land for highway construction.
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Availability:
- Find a library where document is available. Order URL: http://worldcat.org/oclc/1762461
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Corporate Authors:
American Planning Association
122 South Michigan Avenue, Suite 1500
Chicago, IL United States 60603-6107 -
Authors:
- Berger, M
- Kayden, J
- Publication Date: 1996-3
Language
- English
Media Info
- Features: Photos;
- Pagination: p. 22-24
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Serial:
- Planning
- Volume: 62
- Issue Number: 3
- Publisher: American Planning Association
- ISSN: 0001-2610
- Serial URL: http://www.planning.org
Subject/Index Terms
- TRT Terms: Eminent domain; Financial responsibility; Ownership; Property acquisition; Property values; Regulations; Road construction; Taking (Property)
- Uncontrolled Terms: Compensation (Law); Owners
- Old TRIS Terms: Debates; Government regulations
- Subject Areas: Highways; Law; I10: Economics and Administration;
Filing Info
- Accession Number: 00726927
- Record Type: Publication
- Files: TRIS
- Created Date: Oct 9 1996 12:00AM