PROPERTY RIGHTS AND TAKINGS

The Fifth Amendment to the United States Constitution ensures, in part, that "private property [shall not] be taken for public use without just compensation." This article is a comprehensive guide to the takings issue, outlining the rights of the government (federal, state, and local) and owners, and discussing at length the issue of substantive fairness from a non-extremist point of view. Planning and plan adoption are the best prerequisites for land use control and a valuable precursor to regulatory enactment. The authors invite planners to lead an effort to reform the regulatory system, as they have an enormous stake in the credible and effective operation of the land-use control system. Further, planners should ensure that effective remedies are available to landowners subjected to unfair or arbitrary regulation, far short of the level of the United States Supreme Court.

  • Availability:
  • Corporate Authors:

    American Planning Association

    122 South Michigan Avenue, Suite 1500
    Chicago, IL  United States  60603-6107
  • Authors:
    • Strong, A L
    • Mandelker, D R
    • Kelly, E D
  • Publication Date: 1996

Language

  • English

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00716523
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Feb 25 1996 12:00AM