Ripening Federal Property Rights Claims

By J. David Breemer
November 16, 2009
The Fifth Amendment to the United States Constitution provides that “private property [shall not] be taken for public use, without just compensation.” This guarantee promises compensation for property owners subject to laws and regulations that invade, or excessively limit the use of, property. However, securing that promise in the courts is procedurally difficult. Most importantly, before a court will even consider whether a local or state government has caused a compensable taking of private property, the property owner must demonstrate that his takings claim is “ripe” for judicial review...