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Its original meaning. ... Although at least two states demanded every other provision that we know today as the Bill of Rights, not one requested the Takings Clause. What explains the anomaly?
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www.heritage.org/Research/LegalIssues/wm843.cfm
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Eminent domain - Wikipedia, the free encyclopedia
Eminent domain (United States), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption/compulsory acquisition (Australia) or expropriation (South Africa and Canada's common law ...
en.wikipedia.org/wiki/Eminent_domain
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I have no expertise at all in the Takings Clause, but my understanding is that this is more or less an accurate summary of exsiting Supreme Court doctrine. As best I recall, the Supreme Court has interpreted the Takings Clause this way for a long time.
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stuartbuck.blogspot.com/2005/02/takings-clause.html
stuartbuck.blogspot.com/2005/02/takings-clause.html
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By James G. Titus; Rising Seas, Coastal Erosion, and the Takings Clause: How to Save Wetlands and Beaches Without Hurting Property Owners (PDF, 121 pp., 2.2 MB) was originally published in the Maryland Law Review (1998), Volume 57, 1279-1399. From the report's Introduction section, Shall We Give Away the Shore?
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www.epa.gov/climatechange/effects/coastal/SLRTakings.ht...
www.epa.gov/climatechange/effects/coastal/SLRTakings.html
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I don't know much at all about the Takings Clause, so I hope the Takings Clause experts out there can help me (and inform the VC's readers) with a very basic question I have concerning the issues raised in the Kelo v. City of New London case.
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volokh.com/posts/1109193529.shtml
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First, I would think that allowing such claims under the Takings Clause would be quite difficult to administer. Innocent third parties have their property interests interfered with in criminal investigations all the time;
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volokh.com/posts/1209709460.shtml
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StarNet, the online service of the Arizona Daily Star ... Many conservatives — particularly in the West — see the decision as a dangerous interpretation of the "takings clause" in the Constitution's Fifth Amendment, which allows the government to seize property for public use with just compensation.
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www.azstarnet.com/sn/printDS/135072
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§ 39.02 The Takings Clause of the Fifth Amendment: “Nor Shall Private Property Be Taken For Public Use, Without Just Compensation” [640-642] ... The final sentence of the Fifth Amendment—commonly called the Takings Clause—provides: "[N]or shall private property be taken for public use, without just compensation...
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www.lexisnexis.com/lawschool/study/outlines/html/prop/p...
www.lexisnexis.com/lawschool/study/outlines/html/prop/prop39.htm
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