Adam Dick illustrates the evolution of protection of private property in the United States through specific case examples. Since the founding and the creation of its Constitution, there is a restriction in the federal government in terms of contracts. Protection of private property exists through both the Third and Fourth Amendment rights. The Fifth Amendment “Takings Clause” states that property may not be taken from individuals without just compensation, and prevents governments from seizing it for public use without distributing this cost.
Pennsilvania Coal Company vs. Mahon, in 1922, is considered the first regulatory takings case that shaped the protection of private property in the U.S. Supreme Court. In 1996, Dolan vs. City of Tigard was the next pivotal case. Under “unconstitutional conditions”, it was established that it is not proper for a government to require that you give up one right in order to exercise another. The court also agreed that, when government requires a dedication of land for policing purposes, it, and not the property owner, should meet this burden. Despite a later limit to its applicability, this case was crucial to the expansion of property rights in the United States Constitution.
Adam Dick is attorney and policy consultant. He is former legislative…
16 de enero de 2012
Nuestra misión es la enseñanza y difusión de los principios éticos, jurídicos y económicos de una sociedad de personas libres y responsables.
Universidad Francisco Marroquín