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Property Rights Debate Cools, but Does Not End

By: Echeverria, John | Issues in Science and Technology, Fall 2000 | Article details

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Property Rights Debate Cools, but Does Not End


Echeverria, John, Issues in Science and Technology


In "Takings Policy: Property Rights and Wrongs" (Issues, Fall 1993), Sharon Dennis and I argued that the rise of the "takings" or "property rights" agenda represented a significant threat to the public's ability to adopt and enforce environmental laws.

The takings issue derives its inspiration from the Fifth Amendment to the U.S. Constitution, which provides that "private property [shall not] be taken for public use, without just compensation." Originally intended to apply only to outright appropriations of property, such as for the construction of roads or public buildings, the amendment has been interpreted by the Supreme Court to also apply to regulations that are the …

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