28: Private Property Protection

Enforce the Takings Clause in the actions of federal agencies to ensure just compensation whenever private property is needed to achieve a compelling public use.

Other Information:

The Fifth Amendment: Protecting Private Property -- The Takings Clause of the Fifth Amendment- “nor shall private property be taken for public use without just compensation”-is a bulwark against tyranny; for without property rights, individual rights are diminished. That is why we deplore the Supreme Court’s Kelo v. New London decision, allowing local governments to seize a person’s home or land, not for vital public use, but for transfer to private developers. We call on State legislatures to moot the impact of the Kelo decision in their States by appropriate legislation or constitutional amendments. Equally important, we pledge to enforce the Takings Clause in the actions of federal agencies to ensure just compensation whenever private property is needed to achieve a compelling public use. This includes the taking of property in the form of water rights in the West and elsewhere and the taking of property by environmental regulations that destroy its value.

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