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- Title
NO APPROPRIATION WITHOUT COMPENSATION: HOW PER SE TAKINGS OF PERSONAL PROPERTY CHECK THE POWER TO REGULATE COMMERCE.
- Authors
MACDANIEL, WILLIAM SUMNER
- Abstract
The article focuses on Takings Clause and decision of U.S. Supreme Court in the case Horne v. Department of Agriculture on future constitutional challenges to government regulations through the assertion of individual property rights under the Fifth Amendment. It mentions payment of just compensation to the property owner when private property is taken and limitations imposed by Horne on the federal government's ability to regulate commerce.
- Subjects
TAKINGS clause (Constitutional law); HORNE v. United States Department of Agriculture; PROPERTY rights; JUST compensation (Eminent domain); COMMERCE
- Publication
St. Mary's Law Journal, 2017, Vol 48, Issue 3, p509
- ISSN
0581-3441
- Publication type
Article