Protecting Private Property Rights from Regulatory Takings: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, First Session, February 10, 1995

¾ÕÇ¥Áö

µµ¼­ º»¹®¿¡¼­

¼±ÅÃµÈ ÆäÀÌÁö

±âŸ ÃâÆǺ» - ¸ðµÎ º¸±â

ÀÚÁÖ ³ª¿À´Â ´Ü¾î ¹× ±¸¹®

Àαâ Àο뱸

29 ÆäÀÌÁö - Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law. As long recognized, some values are enjoyed under an implied limitation and must yield to the police power. But obviously the implied limitation must have its limits, or the contract and due process clauses are gone.
23 ÆäÀÌÁö - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community.
23 ÆäÀÌÁö - All men have certain natural, essential, and inherent rights; among which are the enjoying and defending life and liberty; acquiring, possessing, and protecting property; and, in a word, of seeking and obtaining happiness.
2 ÆäÀÌÁö - Indeed, in a free government, almost all other rights would become utterly worthless, if the government possessed an uncontrollable power over the private fortune of every citizen. One of the fundamental objects of every good government must be, the due administration of justice ; and how vain it would be, to speak of such an administration, where all property is subject to the will or caprice of the legislature and the rulers ! ¡× 395.
57 ÆäÀÌÁö - People's livelihoods, possibly even their lives, can be destroyed at the whim of the state. One of the most eloquent commentators on the relationship between freedom and property rights was Noah Webster. The noted American educator and linguist said: Let the people have property and they will have power — a power that will forever be exerted to prevent the restriction of the press, the abolition of trial by jury, or the abridgment of many other privileges.
24 ÆäÀÌÁö - In vain may it be urged that the good of the individual ought to yield to that of the community, for it would be dangerous to allow any private man, or even any public tribunal, to be the judge of this common good, and to decide whether it be expedient or no. Besides, the public good is in nothing more essentially interested than in the protection of every individual's private rights as modelled by the Municipal Law.
58 ÆäÀÌÁö - Court, quite simply, has been unable to develop any "set formula" for determining when "justice and fairness" require that economic injuries caused by public action be compensated by the government, rather than remain disproportionately concentrated on a few persons.
24 ÆäÀÌÁö - In this and similar cases the Legislature alone can, and, indeed, frequently does. interpose and compel the individual to acquiesce, but how does it interpose and compel ? Not by absolutely stripping the subject of his property in an arbitrary manner, but by giving him a full indemnification and equivalent for the injury thereby sustained.
60 ÆäÀÌÁö - Responsible fiscal management and fundamental principles of good government require that government decision-makers evaluate carefully the effect of their administrative, regulatory, and legislative actions on constitutionally protected property rights...
24 ÆäÀÌÁö - And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor.

µµ¼­ ¹®ÇåÁ¤º¸