Reviewing the American Constitution

Reviewing the American ConstitutionIgnacio J. BlancoEminent DomainThe development and freedom of a society and its individuals depend to a large extent on the content and protection of property rights. In practically all the legal systems the indemnification to the individuals is consecrated in the event that the State deprives them of their property through an act of expropriation. Being one of the first to recognize such a guarantee, the Fifth Amendment of the United States Constitution prohibits the State from expropriating property for public use, without payment of fair compensation to its owner. The application of such requirement is relatively easy to enforce when the government formally exercises deprivation of property to a private individual, especially when dealing with real estate. The question in this matter is: when should a particular sector of the population bear the cost of a regulation whose benefits are taken advantage by society as a whole?