Off Topic — HabitableZone

Off Topic » in reply to Can't tell from the artical

If you deny people the use of their own property...

then legally, that's calling "taking." According to the 5th Amendment, you can't take someone's property without due compensation. Furthermore, the 14th Amendment, you can't take someone's property without due process of law (1st paragraph). Last month, a referendum passed on this issue in Oregon. Of course, the people who enjoy putting restrictions on other peoples' property without due compensation are predicting disaster.

This is a separate issue from things like zoning restrictions or eminent domain, as discussed here, here, and many other places.

Amendment V - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment XIV - Citizenship rights. Ratified 7/9/1868.

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


The Supreme Court will rule during this session on somewhat related issue of taking peoples' property under eminent domain for private purposes, such as condemning a property to let a shopping center or factory be built. The ruling will be released next summer.

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