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Article: Tradable emissions programs: implications under the takings clause.
- Article from:
- Environmental Law
- Article date:
- March 22, 1996
- Author:
CopyrightCOPYRIGHT 1996 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
The Fifth Amendment of the United States Constitution provides that "private property [shall not] be taken for public use, without just compensation."(1) Supreme Court cases interpreting the Takings Clause generally fall into two classes.(2) In the first, the government authorizes a physical appropriation or actually takes title to the property;(3) compensation is generally required.(4) In the second, the government merely regulates the use of property, and compensation is required only if the "purpose of the regulation or the extent to which it deprives the owner of the economic use of the property suggests that the regulation has unfairly ...