POLICE POWER, JUST COMPENSATION, AND THE NEED FOR LEGISLATIVE ACTION

This paper which maintains that the defining of the public good is a matter of public policy that belongs to the legislature, discusses a potential legislative course of action. The nature and sources of police power and eminent domain are considered, and comments are made on the pros and cons of regulation by police power or eminent domain. Environmental regulation is discussed and the use of the concept of property rights in formulating legislative policy is reviewed. The importance is noted of the question of compensation for loss even though the courts might conclude that the federal and state constitutions do not require them. Other questions considered here include the determination of the most equitable means for distributive costs of a public undertaking the criteria for compensation and the mechanisms for compensation.

• Corporate Authors:

  American Institute of Real Estate Appraisers

  155 East Superior Street
  Chicago, IL  United States  60611
• Authors:
  • Pach, D M
• Publication Date: 1977-10

Media Info

• Features: References;
• Pagination: p. 519-539
• Serial:
  • APPRAISAL JOURNAL
  • Volume: 45
  • Issue Number: 4

Subject/Index Terms

• TRT Terms: Eminent domain; Employee compensation; Environmental control; Laws; Police powers; Property acquisition; Public policy; Regulations
• Uncontrolled Terms: Compensation; Criteria
• Subject Areas: Construction; Highways; Law; Policy; Security and Emergencies;

Filing Info

• Accession Number: 00165855
• Record Type: Publication
• Files: TRIS
• Created Date: Dec 8 1977 12:00AM