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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  • 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


  • English

Media Info

  • Features: Photos;
  • Pagination: p. 22-24
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00726927
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Oct 9 1996 12:00AM