This Land Is Your Land, This Land Is My Land: The Property Rights Movement and Regulatory Takings

This Land Is Your Land, This Land Is My Land: The Property Rights Movement and Regulatory Takings

This Land Is Your Land, This Land Is My Land: The Property Rights Movement and Regulatory Takings

This Land Is Your Land, This Land Is My Land: The Property Rights Movement and Regulatory Takings

Synopsis

The property rights "movement," a coalition of mineral industry actors, anti-government propagandists, and local economic interests, is best viewed as a backlash aimed at regulations associated with environmental protection and public lands conservation policy. Using a combination of interviews and archival research, Olivetti and Worsham examine the interplay between attempts to set the property rights agenda in Congress, the Courts, and at the state level. They find that having failed to take control of the congressional agenda, the movement engages in a vertical shift, focusing its efforts on the states and through state level challenges, the federal courts.

Excerpt

The right to own property is a fundamental value in the United States, and the rights of the property owner are often considered paramount (Sax 1971; see Epstein 1985, for an extreme example of this argument). Still, the individual right to property is subject to limitations. Government can exercise its police power to control a public nuisance—actions that threaten the public safety and welfare or violate the rights of others—with no compensation due the offender. the power of eminent domain allows the government to seize the property of an individual to serve a vital public interest. in such cases, the right to redress is embedded in the last sentence of the Fifth Amendment, which holds that [no private property be taken for public use, without just compensation.]

The Takings Clause, as this sentence is called, was extended to the states and their local subdivisions by the Fourteenth Amendment to the U.S. Constitution. the Due Process Clause of the Fourteenth Amendment states, [nor . . .

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