Wednesday, August 1, 2012

Question 3 United States private property

In about 100 words, briefly describe the two types of 'takings' in the United States. Do you think there is enough protection for individuals from such takings?

19 comments:

  1. Firstly, power of eminent domain is the right of government to take private property for public use (such as major infrastructure) for which the owner of the property is compensated, and is based upon the idea of taking private property for common good. Secondly, regulatory takings are the changing or imposing of regulations that restrict the use of land once private property has been purchased. The issue of protection of the individual from these takings could be argued from the viewpoint that in most cases, the individual may overturn the government taking or regulation and is therefore well protected. However, in the case of eminent domain takings, although you may be compensated for the taking of land, you cannot be compensated for none monetary value such as amenity and in this case the individual may not be so well protected.

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  2. The power of eminent domain is the right of the government to take private property for the creation of a public good, such as a motorway. Owners are compensated for the value of their land. Regulatory takings are the imposition of regulations on private land after it has been acquired. These takings place major restrictions on the use of the land, in some cases having a similar effect to a direct taking, without the compensation. Individuals are protected from both takings, in the sense that they can be heard before the government makes a final decision. However, monetary compensation in the case of power of eminent domain is not necessarily sufficient, as it cannot replace the amenity value of the land. Nor is it always accurate in terms of the monetary and non-monetary value of the land, to the owner. Therefore, protection is not always adequate.

    Anna Woodward. 1509343

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  3. The two types of 'takings' in the United States relate to the exercise of governmental jurisdiction over private property rights.

    The first is power of eminent domain, which occurs when a state compulsory acquires land for the providing public good. Under these circumstances the state is obliged to compensate owners.

    The second is named regulatory takings, which occurs when a state exercises its right to regulate, and in doing so hinders the private property from fair use (in an economic sense). The result is an inability to generate profit constituting a 'taking'.

    There is plenty of protection available under constitutional law (see the fifth and fourteenth amendment), which provides the right to be heard and protection against unjustified state action. However, simple monetary compensation alone may ignore non-monetary values lost. In the end, can there be effective governance without taking for the public good?

    Jarrod Colbert.
    1506134

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  4. The two types of takings are the power of eminent domain which is an action of the State to take a person’s private property so that it can be used for a public purpose (such as a road) in return for paying just compensation for the property. The second, regulatory takings, occurs when a person’s property rights are eroded due to the changing or imposition of a regulation that restricts the landowners ability to do things to their property, a classic example being a change in minimum subdivision requirements.

    I think there is not enough protection of individuals from such takings. Although the 14th Amendment of the US Constitution gives people the right to defend and protect against property takings, this requires time and money. Many people cannot afford to go to Court to defend their rights which raises issues of inequality and unfairness. Furthermore, as noted in earlier posts, the financial compensation does not take into account the intrinsic value of people’s homes and places.

    References:
    Refer to Tahoe-Sierra Preservation Council INC v Tahoe Regional Planning Agency (2002) for information on regulatory takings and Penn Central Transportation Company v New York City (1978) to show how individual property rights are not sufficiently protected.

    Michael - mtre046 1612148

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  5. The two types of takings are the power of eminent domain and the regulatory taking. The power of eminent domain (direct) is the right of the government to purchase private property for public use, in examples of highways, schools, roads and hospitals. The government has the right to confiscate the property of holdouts, but must be for “public use” or “just compensation” as a rule of thumb to place a constraint or to limit government actions. As oppose to regulatory taking (indirect) which government’s regulation impose a reduction in the value of private properties before they are taken by the government in exchange for compensation at a reduced value. Examples of regulatory takings are zoning laws and land-use regulations which bear effect on property right infringement.

    Reference: Benson, B.L. 2010. Property Rights: Eminent Domain and Regulatory Takings Re-Examined. New York: Palgrave Macmillan.

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  6. The two types of ‘takings’ in the United States are power of eminent domain and regulatory takings. Power of eminent domain is having the authority to acquire private property for public use resulting in compensatory payment to the owner of the property. Regulatory takings occur when a property owner is restricted through a change in regulation applied to their land.

    There are protections in place for the individual under the 14th Amendment of the Constitution as people are given the right to defend their property rights through due process of law. Nevertheless, compensation does not cover the non-monetary value of the property and there are not equal opportunities for property owners to go to court due to financial reasons.

    ihan007
    1541300

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  7. The power of eminent domain and regulatory takings are two types of takings within the United States jurisdiction which are concerned with private property rights. The power of eminent domain establishes the governments authority and ability to acquire private property for a common good or public use in return for monetary compensation. Regulatory takings refers to eroding private property rights through a change in government regulation which has an impact on the property owners ability to use their land, especially in terms of future development of that land.

    Through the court system there is a strong degree of case law which can protect an individuals property rights in regulatory takings. Also, the 14th amendment of the US constitution determines peoples rights to be heard, to protest and to exercise their rights in court, however this is a costly process and creates an imbalance in the ability for people to protect their rights in court. In terms of monetary compensation for the value of property taken, this does not take into account the non-monetary value of the property for the owner and therefore cannot fully protect and compensate the individual.

    acol137
    1674285

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  8. Matthew Zochowski (5333365)August 8, 2012 at 9:46 AM

    Two types of takings in the United States consist of regulatory taking and eminent domain. The power of eminent domain is the direct authority by the government to acquire private land for a public purpose in which the owner needs to be justly compensated. Regulatory takings however are an indirect taking through processes such as exactions. With exactions, conditions and regulations are imposed on development of private property which can severely limit the economic viability of the owners land. The 5th Amendment of the US constitution does try to limit the power of eminent domain by requiring “just compensation” and that the land is used for the public welfare. In theory it does somewhat protect owners but “just compensation” can easily be debated.

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  9. The two types of ‘takings’ in the United States include power of eminent domain and regulatory takings, both concepts which involve government having authority and influence over private property rights. Power of eminent domain occurs where government has the right to attain private property for the use of a public good such as a large motorway network. In return, the owner is compensated monetarily. Regulatory Takings occurs where regulations are able to be imposed upon land which restricts certain uses of land once the property has been purchased, such as putting covenants on significant bush, limiting the owner of what they could previously do. I think there is limited protection from these governmental takings. Yes people are able to defend themselves from unfair and unjust property takings under the 14th amendment of the US Constitution, however, this process of being heard in court is both costly, time consuming, and it is difficult to define what is fair in terms of compensation-as stated in previous comments, where ‘value’ cannot be measured in money alone. The fundamental value of someone’s private property cannot always be compensated for fairly, therefore, I do not think there is adequate protection from these takings.
    enea007 1519541

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  10. Power of eminent domain is the taking of land by the government for a public use such as the development of infrastructure. In this circumstance the government pays compensation to the land owner. Regulatory taking occurs when the government puts in place regulations which in turn place restrictions on the use of the privately owned land.
    The 14th amendment of the US Constitution provides protection for the individual, giving them the right to be heard before a final decision is made. However this is a costly procedure that not everyone has access to which brings about a form of inequality. In addition, it is also difficult to compensate the individual for the non-monetary values of their property. Due to these reasons I do not believe there is sufficient protection from the two types of takings.

    gbro114 1617766

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  11. The two types of takings in the United States are power of eminent domain and regulatory takings. Eminent domain is the power of the authority to seize private property without the owner's consent and property taken by eminent domain are public facilities like highways and railroads. On the other hand, regulatory taking refers to a situation in which authority regulates a property to such a degree that restrict the owner's ability to do things and any changes to his property.

    There are protections of individuals from such takings under the 14th Amendment to the United States Constitution since it provides people the right to defend their property rights against unjustified process of laws by the state. However, since the procedure takes time and money not everyone can afford to access and to go to Court. Also it is difficult for individuals to compensate to cover the non-monetary value of the propoerty. These raise the issues of inequality and unfairness, and due to this I do not think that there is enough protection for individuals from such takings.

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  12. The power of eminent domain and regulatory takings are the two types of ‘takings’ in the United States. The power of eminent domain involves the government having the ability to take private land if it is for the public good, providing the owner with monetary compensation. Regulatory taking on the other hand is when property rights are eroded through regulations being imposed which may impede and restrict the land owner from potential economic profits by limiting the types of activities that can be carried out on their property.
    There is protection for individual property owners through constitutional law providing them with the right to defend their property rights, however as stated in above blogs this process can be unfair as people are limited to the availability that they have to time and money. There is also the issue of compensation not being able to provide for the non-monetary value that individuals have for their property and in these circumstances there may not be enough protection for individuals.

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  13. The two forms of property taking in the United States are the power of eminent domain and regulatory taking.
    The power of eminent domain allows the state/ government to take private property for public use but must pay monetary compensation to the property owner. Regulatory taking refers to the degradation of private property rights from state regulations that have been placed or changed after the property has been purchased which restricts or impedes the land owners right to gain potential economic benefits from their private property.
    The ‘dues process’ clause within the Constitution provides protections to the property owners from unjust government takings as it guarantees the full right to defend an individual’s property rights but these procedures are often costly and time consuming for many individuals, which creates inequality issues. Although monetary compensation is given to the property owner, it is difficult to compensate the non-monetary values such as the location and amenity values. I believe the constitutional laws provide appropriate forms of protection from these takings but needs to be improved to provide further protection to address the above issues.

    kpar140
    1548668

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  14. Power of eminent domain is executed by authorities for the common good, and is the compulsory taking of land. While the people are ‘fairly’ compensated for their loss, they have little say in the matter other than to appeal to the Federal State on issues of reasonableness, rather than the sensibility of the project itself.

    Individuals’ property rights can also be eroded through regulations imposed on them by governing authorities, with no compensation (regulatory takings). Protection is present under the 14th amendment. However a complex process relating to the ‘ripeness’ of a regulatory takings claim, possibly limits individual protection due to costs incurred (Beydoun & Pearlman).

    Therefore I think there is room for improvement in regards to protecting individuals from the two forms of takings, especially in regards to costs sustained.

    References:
    Beydoun, M., Pearlman, K. 2001. Takings and Land Use Regulation: A Review of Recent Law Journal Literature. Journal of Planning Literature, vol. 16, pp.19-61.

    nkey003
    1554216

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  15. The first type of ‘takings’ in the United States is the Power of Eminent Domain. This is when private land is taken for public use for the common good, with compensation given to the owners. Examples of when this occurs include for motorway corridors and reserves.

    The second type of ‘takings’ is Regulatory Taking. This is a more subtle technique that erodes private property rights through regulations in regards to land use. For example, increasing minimum lot sizes for subdivision affects the economic gain a private property owner may receive from potential subdivision.

    The 5th and 14th amendments to the US Constitution provides ample protection for individuals from such takings, as they give the right for property rights to be defended and just compensations to be received. However, as compensation is only monetary, other losses are not taken into account.

    agre147
    1549038

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  16. ‘Power of eminent domain’ is the first form in which the U.S. Government may acquire private property. This occurs when land is taken for public use, and reasonable compensation is paid to the owners.

    The second type of Government land acquirement is termed regulatory takings. This has a more subtle approach compared to the first and is a way of imposing limits on what the land owner can do to (or on) their property to deny economic benefits.

    The 14th Amendment of the U.S. Constitution (also known as the “due process” clause) gives individuals the right to have their cases heard in court prior to the Government reducing their private property rights. This increases the protection of people’s rights from regulatory takings, but when it comes to the power of eminent domain, the monetary reparations may not fully compensate those who lose their properties.

    jvan177 1510475

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  17. The power of eminent domain allows the government to take private property for public purposes (such as major infrastructure) if "just compensation" is paid to the owner. Regulatory takings entail the imposition of land use regulation that restricts the owner's use with a severity that effectively constitutes a "taking" of land.

    The 5th and 14th amendments to the American constitution provide important constitutional safeguards to individuals that respectively deal with the payment of just compensation and due process. However, I would argue that these safeguards are sometimes inadequate given societal inequalities and the limited capacity of lower income individuals to exercise them.

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  18. The two forms of property takings are power of eminent domain and regulatory taking. The power of eminent domain means that government can take private property for public use, including government acquisitions that result with the property going to a different private owner, in return for paying just compensation of the property. Property taking, occurs when government restrict the use of private property through a change of government regulation.

    The 14th amendment of United State Constitution provides certain protection for individuals from such taking. The due process of the law guarantees individuals that their rights are heard before the government decision and protects them against unjustified government actions. However, the legal limits still exist. For example, in the case of eminent domain takings, the compensation only pays for the monetary value. Non-monetary values such as amenity are not replaced. Therefore, there is not a sufficient protect for land owners from such takings.

    xwan290 ID:1543816

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  19. There are two type of property taking, the first one is, the power of eminent domain. And the second one is the regulatory taking.
    The first one, the power of eminent domain is regarded as the governmental jurisdiction over the individual property . it is mainly under the situation that, the government, as national aspect , force people to hand over their land for the “ public good” reason, and this enforcement is legally bound with compensation.
    The second one is regulatory taking, it is simply about government state that , they have the authority to take the land since they have such “ power” , and it hinder the individual property from fair use in normally the economic aspect.
    I think that it is not a big issue and we should not go over sensitive on such “forcible sound-like” taking. In reality , the law has grant the court to protect the unreasonable taking of land under fifthe amendment of constitutional law. And it in some extent has been acted as the thresholds to ensure the individual right. And in reality, we merely seen the government to be acting like an evil to deliberately “harm” individual right, instead, they always do things either in protecting other’s fair right, or for the greater public good, which utterly again benefit the people .

    Haoran Guo
    1413851

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