Quote:
Originally posted by Sidd Finch
Regulatory taking, as I (mis?)understand the term, has nothing to do with building the interstate system. Again, maybe I am misusing my terms but that sort of eminent domain taking, which I believe is clearly allowed by the Constitution but requires compensation, is different.
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Spanky misunderstands the distinction between the two types of takings. But both can be takings under the constitution. Physical takings (accomplished by eminent domain)
always require just compensation. Regulatory takings aren't always takings, so don't necessarily require compensation.
BTW, I seem to recall reading an article years back suggesting that most times when compensation is paid, the payment is well above 100% of FMV, mainly to deter lawsuits. So statutes providing for more than just compensation really won't solve the problem.
