Lot Lines: Whose rights are those property rights?
J. David Chapman
The National Association of Realtors is one of the largest lobbying organizations in the U.S. One of its most important platforms is preserving citizens’ property rights. On the surface, this is something, it seems, everyone would support. It is not that simple. In fact, it is very complex.
The Constitution protects property rights through the Fifth and 14th Amendments’ Due Process Clauses and, more directly, through the Fifth Amendment’s Takings Clause: “nor shall private property be taken for public use without just compensation.” There are two basic ways government can take property: (1) outright, by condemning the property and taking title; or (2) through regulations that take uses, leaving the title with the owner – so-called regulatory takings.