In: Economics
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.
Does the barn regulation similarly amount to a Taking that would require P. County to pay me?
What does the Supreme Court Lucas Decision have to say about it?
Answer:(a)First a fall, P planning commission should never pass a regulation that prohibits barn building.If you committed to take care of barn then there should be not any issue.It would made a good argument that if you are ready to take care of barn and still some regulation prohibiting you to do that,then why it condemnd now for buiding a highway on it.And if they do that they need to provide compensation to petitioner.
(b)Supreme Court lucas decision states that one that "there is no way one can distinguish regulation that "prevents a harmful use" and confers benefits of nearby properties".Same way P planning commision provide a compensation to the petitioner if they are using same yard to build a highway that petitioner want to build barn bacause now P planning commision want to confers benefits from it.