Title: Takings, Private Property and Public Rights
Abstract:Few legal problems have proved as resistant to analytical efforts as that posed by the Constitution's requirement that private property not be taken for public use without payment of just compensation...Few legal problems have proved as resistant to analytical efforts as that posed by the Constitution's requirement that private property not be taken for public use without payment of just compensation.'Despite the intensive efforts of commentators and judges, 2 our ability to distinguish satisfactorily between "takings" in the constitutional sense, for which compensation is compelled, and exercises of the police power, for which compensation is not compelled, has advanced only slightly since the Supreme Court began to struggle with the problem some eighty years ago. 3 Contemporary interest in environmental quality has spawned various attempts at property regulation, many of which actually or potentially collide with the takings provision. 4 Nearly every attempt to regut Professor of Law, University of Michigan.1.U.S. Consr.amend.V:Read More