Free Republic

Property rights may not draw as many headlines as gay marriage, yet we'd like to draw readers' attention to an important initiative that Oregonians approved last week. The measure is proof that voters can make sensible decisions on even emotional environmental issues. It's also a precedent for land owners that could spread to other states, Measure 37 dealt with the growing abuse of "regulatory takings." These have become a big favorite with environmentalists, who see them as a backdoor way of stopping development even on private land. In Oregon, for instance, regulations have forbidden property owners from cutting down their...

"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...