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No person shall be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation The
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the Fifth Amendment in the Federal Constitution 10 In other words, this judge stressed, if legislatures could not use technicalities to cir- cumvent the rights
Can Lockes Theory of Property Inform the Court on Fifth Amendment
rect, the implications for Fifth Amendment 'Takings' law ought to be clear: that property is sacred and cannot be seized, or otherwise regu- lated in any way which
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property rights of affected owners are protected under the Fourteenth Amendment and the Takings Clause of the Fifth Amendment of the U S Constitution 3
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rights unprotected by the Fifth Amendment Water rights, like other property rights, are entitled to the full protection of the Constitution ") 15 See discussion infra
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