Thursday, January 10, 2019

A Modest Proposal

Sunset Meadows photo by Hannah Duncan
 
Why not change the law of Takings to require more than "Just Compensation" when property is taken without the consent of the landowner. Why not adopt a rule requiring government to pay some multiple of fair market value (perhaps twice or thrice)? This would recognize that when landowners are evicted from their own property they suffer more than mere economic loss; they also suffer dignity harm and what tort lawyers would call "pain and suffering and emotional distress" damages, which in fairness should also be compensated. What are your thoughts?