3 ms·
It is debatable, but this looks a lot like a Fifth Amendment issue to me. They were granted the right to clear the trees, but the neighbors objected to the siz
by anonymousiam 4y ago
It is debatable, but this looks a lot like a Fifth Amendment issue to me. They were granted the right to clear the trees, but the neighbors objected to the size of their proposed dwelling and the commission changed their minds and denied the permit. So they own the property, but their government has denied them the use of it.
..."nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
https://law.justia.com/constitution/us/amendment-05/16-just-compensation.html https://law.justia.com/constitution/us/amendment-05/16-just-...
"A taking can come in two forms. The taking may be physical, which means that the government literally takes the property from its owner). Or the taking may be constructive (also called a regulatory taking), which means that the government restricts the owner's rights so much that the governmental action becomes the functional equivalent of a physical seizure. "