GAO's Recent Report on the Implementation of Executive Order 12630 and the State of Federal Agency Protections of Private Property Rights: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, First Session, October 16, 2003U.S. Government Printing Office, 2003 - 104페이지 |
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61 페이지 - We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change.
26 페이지 - ... personal" right, whether the "property" in question be a welfare check, a home, or a savings account. In fact, a fundamental interdependence exists between the personal right to liberty and the personal right in property. Neither could have meaning without the other.
61 페이지 - When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the qualification more and more until at last private property disappears. But that cannot be accomplished in this way under the Constitution of the United States.
72 페이지 - ... [Regulations that leave the owner of land without economically beneficial or productive options for its use — typically, as here, by requiring land to be left substantially in its natural state — carry with them a heightened risk that private property is being pressed into some form of public service under the guise of mitigating serious public harm.
38 페이지 - The general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking.
32 페이지 - Just what they are in any given instance will depend upon a number of factors such as the nature of the commodity, the...
61 페이지 - ... rights is a false one. Property does not have rights. People have rights. The right to enjoy property without unlawful deprivation, no less than the right to speak or the right to travel, is in truth a personal" right, whether the "property" in question be a welfare check, a home, or a savings account.
33 페이지 - Epstein — had a specific, aggressive, and, it seemed to me, quite radical project in mind: to use the Takings Clause of the Fifth Amendment as a severe brake upon federal and state regulation of business and property. The grand plan was to make government pay compensation as for a taking of property every time its regulations impinged too severely on a property right — limiting the possible uses for a parcel of land or restricting or tying up a business in regulatory red tape.
62 페이지 - ... one of the most essential sticks in the bundle of rights that are commonly characterized as 'property.
88 페이지 - In like manner, the States own the tide-waters themselves, and the fish in them, so far as they are capable of ownership while running.