A CBO Study: Regulatory Takings and Proposals for Change.

Abstract

The takings clause of the Fifth Amendment to the U.S. Constitution states "nor shall private property be taken for public use, without just compensation." Some Members of Congress believe that the enforcement of this requirement is inadequate and that statutory measures are needed to both reduce the infringement of private property rights resulting from government regulation and ensure compensation in the event of such infringement. A variety of legislation has been proposed in recent sessions of Congress to achieve those goals. This study examines those proposals and their possible consequences. The Congressional Budget Office (CBO) prepared it at the request of Senator John Glenn, Ranking Minority Member of the Committee on Governmental Affairs. In accordance with CBO's mandate to provide objective and impartial analysis, the study contains no recommendations.

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Document Details

Document Type
Technical Report
Publication Date
Dec 01, 1998
Accession Number
ADA358588

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  • Congressional Budget Office

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  • Biomedical
  • Energy and Power Technologies

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  • Government and Public Administration Law.