information:classification, structural:summarization, information:extraction, structural:scholar_edition
History

The "taking clause" of the Fifth Amendment to the United States Constitution prohibits the government from taking private property for public use without just compensation. The case of Dolan v. City of Tigard demonstrated the criteria that determine the threshold of what is considered taking. One interpretation of the taking clause is that any restriction on the development potential of land through zoning regulation is a "taking". A deep-rooted anti-zoning sentiment exists in America, that no one has the right to tell another what he can or cannot do with his land. Ironically, although people are often averse to being told how to develop their own land, they tend to expect the government to intervene when a proposed land use is undesirable.