Issue Position: Property Rights

Issue Position

Although loss of property through eminent domain has received a good deal of attention recently, partial regulatory takings affect far more property owners and few are ever compensated for their loss.

Partial regulatory takings restrict Constitutional rights of private property by unduly limiting access, construction or land usage. Private property can be greatly devalued when such restrictions are imposed upon the property owner. Partial regulatory takings are almost never reimbursed and relief is rarely found in the courts.

Partial regulatory takings are invariably done "for the public good" or "for the environment". The benefits, if any, to the public tend to be long term and diffused; while the cost to the property owner is frequently immediate and quantifiable.

I will support suitable legislation for responsible and accountable regulatory takings which requires that property owners be reimbursed appropriately for losses suffered under the regulatory actions of State, county and local governments.

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