Question

I’ve been planning to build a barn in my yard. Suppose the P. County Planning Commission passes a regulation that prohibits barn building because barns eventually get old and fall down, creating a public health hazard. If P. County condemns my land to build a highway through it, they must pay me Just Compensation for the Taking for a Public Purpose since they are using it now instead of me.

a) Does the barn regulation similarly amount to a Taking that would require P. County to pay me?

b) What does the Supreme Court Lucas Decision have to say about it?

Answer 1

Answer:P county planning commision cannot  ban a person to build a barn in his own yard.If he committed enough to take care of barn,P county planning commission should allow him to buid his barn in his own yard.But they passes a regulation to prohibited a person to build it.

If now P county wants to to condemns respective person land to maka a highway,they must entitled to pay a compensation for it because they are acquiring a person private property.

Its a common practise in numerous countres,if government want to make a road or highway thorugh some farmer barn or crop fields.Government need to pay compensation for it bacuse it acquiring some one owned property which he/she able to buy with well earned and saved money.Land rates always rise in future.

So, it is very necessary for P planning county mission to pay respective person compension for condemns his private property for making a way to highway.

Lucas vs South Carolina Coastal Case

Lucas wanted to build two houses on beach fornt land he had purchased.But later on,legislature passed a law that prohibited him to doing so.State legislature also state that private property will taken for public welfare and too without any compensation to the owner..They wanted to prevent erosion on the beach.The supreme court ruled in its decison that governement had taken Lucas land government need to pay compensation for it.

Same way,P planning country commission also need to pay private owned property for public welfare.