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Eminent Domain: Just Compensation is an Injustice
The Fifth Amendment to the United States Constitution states that private property shall not be taken for public use without just compensation. In the years since, this has been a source of great controversy. What is a public use? And what is just compensation? In this brief, we will examine the latter issue. To fully…
The Enemies of Property Rights: Regulatory Takings
Eminent domain is known as a taking—property is taken by the government for “public use.” According to the Constitution, “just compensation” is due the owner when such a taking occurs. However, the value of property can be diminished through other government actions, such as regulations, while the owner retains title to the property. This has…
First in Time
Nightclubs can make for very poor neighbors. Loud noise, traffic, and drunken patrons can be disruptive to the residents of nearby homes. These types of nuisances are the basis for a controversy brewing in Abilene. A developer wants to build housing for low-income families near a nightclub. The club’s owner fears that the residents of…
Resolving Social Conflicts with Property Rights: Education
Education in America is a virtual monopoly of the government. As such, it is a highly politicized topic and controversy surrounds nearly every discussion about education. From funding to curriculum, from test scores to text books, there is little agreement between politicians, educators, taxpayers, and parents about how the nation’s schools should be operated and the…
The “Community Good” and Property Rights
ByjbpThis was originally posted on Live Oaks on April 12, 2010. Comments have not been migrated. We are often told that property rights must occasionally be sacrificed for the “common good”. One local blogger repeats this claim, noting that city officials must wage a constant balancing act between the two: This central dilemma is the…