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FTA: “Landowner Views on Corner-Crossing There are many reasons that private landowners want corner-crossing to remain off-limits, but we’ll cover just two co
by Someone 4y ago
FTA:
“Landowner Views on Corner-Crossing
There are many reasons that private landowners want corner-crossing to remain off-limits, but we’ll cover just two common concerns here.”
The first concern is that it would be a violation of the fifth amendment’s “nor shall private property be taken for public use, without just compensation.”
The second is that it’s hard enough to prevent people from trespassing on one’s land, and allowing them to cross these corners would make that worse.
(I’m not claiming these are strong arguments, just that the article does mention them)
- devnullbrain 4y agoThey're pseudo-arguments. Disingenuous platitudes that elide the motivation strong enough for the landowners to create lobbying groups.
- gnopgnip 4y agoThis is a nuanced area of law but in many cases an easement for public access is not a “taking” or other violation under the fifth amendment. The property owner is not losing access, they don’t have a right to exclusively use the public land they are surrounding so others using it isn’t a loss.
- nullc 4y agoIt's normal to compensate people for easements.