[CSM]

Exactly where do you get that private property is being taken for public use?

A person who chooses to use his or her "private" property for a "public" business is subject all sorts of legal restrictions, e.g., public safety requirements, public decency requirements, public access requirements, etc. In none of these cases is that person being deprived of his or her property. If he or she wishes not to comply with any of these legal requirements, then all that is necessary is for that individual to withdraw said property from a "public" business.

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Let's see, a person buys a property/business, invests his time in making a successful venture. Let's say he starts a smoke free restaurant. He has discovered a market niche that is leading to a very successful business.

Now, the government comes along and passes legislation that forces all restuarants to be smoke free. The government now destroyed his niche, and the intended use of his property. Effectively, they have confiscated a portion of his property/money/profits, by passing bad legislation.

The bans do work both ways.

[Lucky Dog]

The bans do work both ways.

You are correct. However, being correct that the bans do work both ways in no way establishes that such bans deprive someone of "private property." (I think that was intended to be your point.) Additionally, the right of a business owner to make a profit is, in no way, guaranteed by any founding government document. Consequently, if a government regulation harms a business owner's profits, there is nothing that he or she can do about it.