Call to Congress: untangle takings

Article Abstract:

Capricious regulatory and judicial decisions regarding partial takings of private property demand a legislative resolution, one Congress seems about to offer. A bill passed by the House of Representatives would require reparations for takings of more than 25% of a property made under certain restricted regulations. A more promising Senate bill sets the lower limit at 33%, but covers nearly any regulatory taking. These efforts simply seek to apply justice, requiring the public to bear the costs of its own decisions.

United States, Political aspects

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Fly(t) of fancy in Southern California

Article Abstract:

Various Southern California cities and the National Assn of Homebuilders claim that overly zealous enforcement of the Endangered Species Act has hindered Southern California real estate development and kept San Bernadino County from relieving traffic congestion by building another highway. The association, San Bernadino County and two cities have filed suit against the Department of the Interior and the US Fish and Wildlife Service claiming endangerment of private and public enterprise.

Cases, California, Real estate development, Endangered species, Protection and preservation, Land use

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Government as predator

Article Abstract:

Governmental abuse of eminent domain may decline now that property owners are often winning cases. Courts may rule the government has taken land in error if the government's action does not substantially advance legitimate state interests or if the owner's right to economically viable use has been impeded. The current judicial backlash against overregulation of property rights may end up costing governments large settlements.

Laws, regulations and rules, Remedies

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