Focus (Forum & Focus)
Oct. 11, 2007
Combating Takings
Focus Column - By Ronald A. Zumbrun - Despite years of contrary jurisprudence at the federal level, California courts remain hesitant to provide compensation for private-property development that is impeded by government.
By Ronald A. Zumbrun
In 1939, Winston Churchill struggled with the task of forecasting the actions of Russia: "It is a riddle, wrapped in a mystery, inside an enigma." The same can be said of the jurisprudential state of the U.S. Constitution's takings clause, as set forth in the Fifth Amendment: "[N]or shall private property be taken for public use without just compensation."
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