Taking, Nuisance, or Theft?
I originally wrote this during the heat of debate over the King County CAO amendments. It is still applicable as the rest of the state bears the brunt of their own CAOs and Shoreline Master Plans. There are two broad principals of law in the United States under which government may take or restrict the use of private property. Government may take private property for public benefit but must, in turn, compensate the owner of the property for its value. Government may also take or restrict the use of property via its police powers to regulate nuisances. Just as a property owner possesses rights to use his property, he also holds rights to prevent others from using their land in a manner that harms him or his property.
April 7, 2010