cover image: The first Canadian property rights index : 1st Canadian property rights index

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The first Canadian property rights index : 1st Canadian property rights index

30 Jan 2013

The author of this study has worked independently and the opinions expressed are therefore their own, and do not necessarily reflect the opinions of the board of the Frontier Centre for Public Policy. [...] By contrast, in the United States, the Fifth Amendment to the Constitution requires the federal Congress to pay “just compensation” for expropriated property, and the Due Process Clause of the Fourteenth Amendment imposes the same limitations on the state legislatures.5 According to constitutional scholar Peter Hogg, neither the Constitution Act nor the 1982 amendments contain any guarantee of com [...] SERIES point of the Takings Clause in the U. S. Constitution is to ensure that the government does not force some people to bear all of the burdens of public benefits that in all fairness should be borne by the public as a whole. [...] The rule is expressed thus: “Unless the words of the statute clearly do demand, a statute is not to be construed so as to take away the property of a subject without compensation.”9 Herein lies the problem of regulatory or constructive takings, where a regulation’s effects could be such that it empties property rights to the point where it is almost akin or virtually identical to an actual expropr [...] Property rights are commonly understood to be a bundle of rights that involves the right to use a good, earn income from that good, transfer the good to others and the right to enforcement of these rights.13 However, as is the case with other rights, property rights are not absolute.
government politics economics regulation states crime civil law common law eminent domain ethics government information law philosophy tax human activities values territories constitution (law) criminal ethical principles territory civil law (common law) asset forfeiture civil forfeiture right of property torrens system allodial title deeds

Authors

Quesnel, Joseph

Pages
76
Published in
Canada

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