Stopping development for cheaper condemnation later is a taking

The Fifth Amendment requires the government to compensate a property owner when it takes property from a private landowner. To get around the requirement of paying “just compensation,” government entities often get creative. One trick is to depress property values … Continue reading

South Carolina conservation proposal recognizes incentive problem

South Carolina’s legislature is looking for ways to protect its wetlands from development by increasing a deed tax to fund the purchase of development rights to vital wetlands. Although problematic in other ways, such an approach is preferable to the … Continue reading