A court in Florida Rock said, Nothing in the language of the fifth amendment compels a court to find a taking only when the government divests the total ownership of the property. The fifth amendment prohibits the uncompensated taking of private property without reference to the owner's remaining property interest. In short, any partial taking that is compensable is a taking under the Constitution, is compensable yesterday, today, tomorrow. We are simply providing a new remedy, and I thank the gentleman for yielding.
William Tauzin: “A court in Florida Rock said, Nothing in the language of the fifth amendment compels a court to find a taking only when…”
Editor's note · Context
Discussing the interpretation of the Fifth Amendment regarding property rights.
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