Quote:
Originally posted by Spanky
I don't understand this obsession with the takings clause. As long as people get just compensation what is the big deal. If you don't think you are being paid enough for your property then I can see the complaint. But if the government seizes your land, take the money and buy some other land. It is when the government effects land and doesn't provide compensation then I have a problem. Like when the government declares your property a "Wet land" and won't let you build on it. You should be compensated for that because they have reduced the value of the land. The government can take my house anytime, as long as they pay the FMV. Just don't decide when a duck lands in a puddle on my property that I have to tear down my house.
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First, Land is unique; there is no other parcel quite like my little plot of heaven.
Thought of another way, will a tort recovery fully compensate a person for loss of an arm? Most of us would rather have the arm, and some of us get a little attached to that farm that's been in the family for three generations, and that Grandpa Henry did give his right arm for (tractor accident). And the fact that Wanna-be City decided to take it so Mr. Greedy could build a factory shouldn't mean that I'm forced to sell.
Second, from a pure financial perspective, individuals and markets don't always value things the same way, and that's why some people get rich. If I bought the land because I liked the location and thought I'd see real appreciation if I coiuld hold for 10 years, but the government wants to buy after I've incurred my initial costs but not seen the jump in value, I'm not going to get compensated for that future value element. I don't like it if the Gov. can step in to all of our investments just when they're starting to look good.
On the other hand, regulation is what adds and subtracts value to real estate, and some sensible regulation doesn't bother me, as long as current uses are respected. I don't have to pay when the government puts mansion zoning on my little lot and the value goes up; I don't think a bit of protection for that swamp with the pretty duckies on it should get me a check.
G^3, rural left wing capitalist