Regulatory takings and constitutional repair the 1990s' property-rights rebellion

Donald Boudreaux, Jody Lipford and Bruce Yandle

Constitutional Political Economy, 1995, vol. 6, issue 2, 190 pages

Abstract: In spite of the fact that the Constitution's fifth amendment states that “nor shall private property be taken for public use, without just compensation,” politicians systematically impose almost confiscatory land-use restrictions on citizens. Growth of regulation and property-rights uncertainty have spawned grass roots opposition and political efforts to reinforce constitutional protections. Lacking success at the national level, property-rights advocates moved to the states where by August 1994 more than forty introduced property-rights legislation. Statistical estimates of the likelihood that such legislation would be introduced reveal strong support of the notion that the property-rights movement is a reaction to growth of government regulation. Copyright Kluwer Academic Publishers 1995

Date: 1995
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DOI: 10.1007/BF01303256

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