The Case of Procedural and Substantive Law

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Recommended: Eminent domain as a necessary evil

1. Define the terms takings as it relates to the environmental law and provide one example of a legally resolved taking case.
Answer:
Taking is a general term of an act of taking something. In an environmental point of view, the taking is ta process that involves taking something of an environmental assets, such as land, from an individual or organization. However, most cases, it involves government taking private property from owners when that piece of private land is determined a necessity to create public-desired resource, such as a road, wildlife preserve, or military base. On the other hand, the government must provide compensation for the land owner for the taking. If compensation is not provided, it is a clear indicator for violating the Fifth Amendment. According to Farber & Findley (2010), the Fifth Amendment provides that private property shall not “be taken for public use, without just compensation.” As it is clearly stated in the Fifth Amendment, government cannot take private property from owners for public use. Now environmental taking problem arises when these conditions are not meet or the owners determines that he/she is not being compensated for the taking of his land.
Now, there are takings clause of the Fifth Amendment. According to Galperin (2013), there are three distinct clause for taking; (1) taking by eminent domain is the most tradition means of taking private property from owners that involves going to court stating the needs to take the land for public use while providing compensation for the private owner; (2) taking by regulation is applicable if the government is forcefully taking the land from the private owner; and (3) taking by exaction occurs when the government will only issue a development p...

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...resides or benefit from forested habitat will possibly loss their home thus may decline in numbers. Another example would be a development of reservoirs within a river system. This type of development will benefit still water fish but at the same time adversely affects the fish habitat who are accustomed to the free flowing water.

Works Cited

Farber, D. & Findley, R. (2010). Environmental Law in a Nutshell 8th Edition. Thomson
Reuters: St. Paul, Minnesota
Galperin, J. (2013). The Supreme Court, Takings, and Environmental Protection. Retrieved from http://environment.yale.edu/envirocenter/the-supreme-court-takings-and-environmental-protection/
Smith, K. L. (2012). The Good, the Bad, and the Significant – Beneficial Impacts and NEPA. Retrieved from http://dukespace.lib.duke.edu/dspace/bitstream/handle/10161/6017/K.%20Smith_GoodBadSignificant_final.pdf?sequence=1

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