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Texas A&M University School of Law

Property Law and Real Estate

1995

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Responsibility, Causation, And The Harm-Benefit Line In Takings Jurisprudence, Glynn S. Lunney Jr May 1995

Responsibility, Causation, And The Harm-Benefit Line In Takings Jurisprudence, Glynn S. Lunney Jr

Faculty Scholarship

As one of the guarantees provided in the Bill of Rights, the Fifth Amendment's Compensation Clause restricts government's otherwise largely plenary power over privately-held property rights. While the Compensation Clause does not directly limit government's ability to change, modify, or even eliminate existing privately-held property rights, in certain instances it circumscribes government's ability to force individual property owners to bear the cost of such government-imposed changes. Specifically, for those government-imposed property redistributions found to be "takings" within the meaning of the Compensation Clause, the Fifth Amendment requires federal and state governments to compensate the property holder for the taking, and …