Takings and Wetlands

Essay # 16340

Environmental Studies > Environmental Problems
Law > Property

This paper discusses several legal issues of the taking of land for the public good and the related topic of wetlands acquisitions.

1,205 words () | 5 sources | MLA | 2002 United States

Paper Summary:

This paper discusses the ability of the government to take property based on the Fifth Amendment of the Constitution. The paper reviews whether it is efficient for the government to declare a piece of property to be a wetland without compensation. The author believes that, as with takings, the government should provide compensation equal to the amount money by which the land was depreciated.

From the Paper:

"There has been significant controversy about whether or not land has been rendered useless in one such type of regulations called zoning ordinances. One such ordinance is defined in section 301 of the Clean Water Act, which makes it illegal to deposit fill materials into "navigable waters" (including wetlands) without a permit. It is important to protect our wetlands, because they serve several purposes that benefit society as a whole; they provide us with protection against erosion and flooding, water filtration and wildlife habitats."