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

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  • Donald Boudreaux
  • Jody Lipford
  • Bruce Yandle

Abstract

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. Copyright Kluwer Academic Publishers 1995

Suggested Citation

  • Donald Boudreaux & Jody Lipford & Bruce Yandle, 1995. "Regulatory takings and constitutional repair the 1990s' property-rights rebellion," Constitutional Political Economy, Springer, vol. 6(2), pages 171-190, June.
    • Handle: RePEc:kap:copoec:v:6:y:1995:i:2:p:171-190
    DOI: 10.1007/BF01303256
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    Cited by:

    1. Alexander Salter, 2015. "Calhoun’s concurrent majority as a generality norm," Constitutional Political Economy, Springer, vol. 26(3), pages 375-390, September.
    2. Jonathan Stone & Jeffrey Wagner, 2016. "Fairness and efficiency in US Revolutionary War takings and post-war debt redemption," Constitutional Political Economy, Springer, vol. 27(4), pages 399-417, December.

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