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The Takings Clause of the Fifth Amendment prohibits the federal government from "taking" property for a public purpose without paying just compensation. The Supreme Court has come to interpret the clause to require that the government compensate real property owners in some unclear class of cases when regulation of the property has resulted in severe economic losses. The proposition that regulation alone, without appropriation, occupation, or use by the government, can work a taking is known as the "regulatory takings" doctrine.

Publication Citation

J. Peter Byrne, Ten Arguments for the Abolition of Regulatory Takings Doctrine, 22 Ecology L.Q. 89 (1995)