A new article by Frank Schiavone

The Property Rights Myth

has been added to Cackel.com

As most of us have experienced firsthand, property rights are not absolute or unqualified. Cities restrict the use of property all the time.

Developers tend not to like land use and environmental limitations.

To overcome regulation, a common tactic is to threaten “takings” litigation invoking a passage in the Fifth Amendment – “nor shall private property be taken for public use, without just compensation”. This tactic is borne of a growing and aggressive “property rights movement” that seeks to curtail government regulation and interference in land use decisions. The “movement” has been emboldened by a few notable and favorable court rulings.

Read the complete article