Keep in mind we only have 1 national government, but we also have 83,000 other layers of government in this country. We have 50 state governments, each one has multiple county or parrish governments, city governments, town, borough, special taxing districts, etc.

When you rail at "government" you probably should be aware of which government you are complaining about.

In the case at hand, the 5th Amendment only requires "just compensation" be made and leaves it up to the states to determine how that just compensation is to be defined and interpreted. In the case at hand there is no direct "taking." The only case to be made is if there is any damage to the remainder--ie defined as a loss in value because of the restriction. A study of market value before and after the restriction would have to be made to see if, in actuality, any loss was incurred due to the alleged "taking."

These are local matters, determined locally, and subject to local whims. Here in Florida we have subdivision restrictions-which are enforceable-that preclude a resident from parking a pick-up truck in view. If the truck is visible it is in violation. Garaged is ok, in the driveway is not.

We live in a society in which we can make our own rules--and change these rules. The states were the laboratory for making laws, but they are not Federral law.

Words matter, distinctions apply.

Publius