Sunday, June 13, 2010

Takings By Regulation: The 9th Circuit considers the constitutionality of rent control

Reason reports:
According to the Takings Clause of the Fifth Amendment, “private property [shall not] be taken for public use without just compensation.” The classic example of this is eminent domain, where the government seizes property, compensates the owner with taxpayer dollars, and puts the property to an alleged public use. But what happens when government regulations violate property rights? Do regulatory takings require just compensation as well?

It depends. In Pennsylvania Coal Company v. Mahon (1922), the Supreme Court held that “while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking.” But how far is too far?
You'll want to read this one.