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Keyword: illegaltaking

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  • Protecting Private Property Rights from Regulatory Takings

    03/13/2004 2:30:17 PM PST · by Robert_Paulson2 · 21 replies · 5,998+ views
    cato.org ^ | February 10, 1995 | Testimony of Roger Pilon
    "2. Breathe New Life Into the Takings Clause" "The Fifth Amendment's Takings Clause reads: "nor shall private property be taken for public use without just compensation." As presently interpreted by the Court, that clause enables owners to receive compensation when their entire estate is taken by a government agency and title transfers to the government; when their property is physically invaded by government order, either permanently or temporarily;(2) when regulation for other than health or safety reasons takes all or nearly all of the value of the property;(3) and when government attaches unreasonable or disproportionate permit conditions on use.(4)" "Although...