In the United States, the government has the power to regulate land development in order to protect public health, safety, and welfare; however, that authority is constrained by the Fifth Amendment to the Constitution, which bars government from “taking” private property for public use without just compensation. Research a unique example of “taking without compensation” for environmental reasons on the internet and find an example of a regulatory taking (NOTE: DO NOT USE THE SAME EXAMPLE AS ANOTHER STUDENT). Title your post with the name of the court case (e.g., Smith v. Michigan DEQ) and write a fully-developed forum posting detailing your example. Be sure to address the following questions in your post:
which environmental regulations or laws were used in this case?
Is the ‘taking” justifiable?
Why or why not?
If not, when is taking justifiable?
If so, when isn’t it?
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