Eminent Domain and Property Rights in California

The Fifth Amendment takings clause applied to California infrastructure

The Clause

The Fifth Amendment prohibits taking private property for public use without just compensation. The California high-speed rail project and various infrastructure projects requiring land acquisition have produced specific conflicts between government power and the property rights the clause protects. The just compensation determination is made by the government within the constitutional standard.

The Just Compensation Problem

The landowner whose property is taken receives the appraised fair market value and loses the specific property that may have held a value beyond the market price. The farm in the family for three generations. The business whose location was essential to its success. The market value is just only by the definition that government power to define has produced.

Surf Revolt Coverage

Surf Revolt covers eminent domain because the property rights the libertarian tradition regards as foundational are the rights most directly threatened by the government power of eminent domain, and because the California infrastructure experience provides specific cases that document the exercise of that power.

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