Question

Why is the takings clause cited in arguments against environmental regulations that restrict the use of private property?

a. The takings law mandates that environmental regulations take precedence over private property rights.
b. As defined by the courts, the takings law prohibits the government from depriving citizens of economic use of their land without compensation.
c. The takings clause is an argument that allows the government to take property from homeowners without compensation as long as it is for the public good; but environmentalists have defined the environment as the public good.
d. The takings law allows the government to deprive citizens of economic use of their property without compensation.

Answer 1

The takings law allows the government to deprive citizens of economic use of their property without compensation.

Explanation:

• As per the fifth amendment made to the 'Constitution of the United States in 1791', it is mandatory for the individuals who own private property to pay compensation to the government if they are willing to use their private property for economic purposes.

• This compensation comes in line with the loss that the economic activity would possibly cause to the environment around.