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Modern Understandings of Liberty and Property
Affectation with Public Interest
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approach argue argument baseline benefits claim classical liberal common law compensation clause conception consequentialist constitutional constitutionally contract clause decision demoralization costs discussion distinction distribution doctrine due process due process clause easement economic effect efficiency eminent domain clause Epstein equal protection clause example existing fairness federal Fifth Amendment freedom of contract Hadacheck harm Harv Holmes impairing imposed individual industries issue judicial Justice justify labor land landowners legislation legislature liberty and property limited Lochner losses Madison measure ment Michelman moral hazard natural neutrality nuisance obligation owner ownership parties payment pensation person police power political position practice premises prevent principle private property problem prohibition property rights protection public interest question reason redistribution regulation restriction result rule settlement costs social society statute substantive suggest supra note Supreme Court takings clause theory tion utilitarian West Coast Hotel zoning