Fifth amendment prohibits the taking of private property

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The Fifth Amendment prohibits the taking of private property for public use without just compensation. Based on this case, there are two types of takings. Physical taking and regulatory taking. Here,Paula's complaint is about the County's liability for a regulatory taking. A regulatory takingwould be considered only if the government would deprive the private owner of 100% of alleconomic value of owner's property. In this case, Paula still has an undeveloped property worth$200,000. On top of that, this is only 10 acres out of 100 acres that Paula owns and may be ableto develop. County denied the development as these 10 acres are protected wetlands but shecould still develop the other 90 acres. So all the facts show that Paula was not deprived 100% ofall economic value of her property

 

 

Reference no: EM133615455

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