Regulatory takings and constitutional repair the 1990s' property-rights rebellion

Research paper by Donald J. Boudreaux, Jody Lipford, Bruce Yandle

Indexed on: 01 Jun '95Published on: 01 Jun '95Published in: Constitutional Political Economy


In spite of the fact that the Constitution's fifth amendment states that “nor shall private property be taken for public use, without just compensation,” politicians systematically impose almost confiscatory land-use restrictions on citizens. Growth of regulation and property-rights uncertainty have spawned grass roots opposition and political efforts to reinforce constitutional protections. Lacking success at the national level, property-rights advocates moved to the states where by August 1994 more than forty introduced property-rights legislation. Statistical estimates of the likelihood that such legislation would be introduced reveal strong support of the notion that the property-rights movement is a reaction to growth of government regulation.