Undivided Government: Implications for Small Property Owners

From the early 1950s to the mid 1990s, Democrat majorities in the US Congress and in most of our state governments ruled almost continuously. Then, from 1994 to 2000 came near balance between the two major parties and divided government were the order of the day. But, with the election of 2002, Republicans have consolidated their position not only in the federal government but also have a majority of the nation’s governors and state legislators.

The focus of many of the contests for the US Senate was approval of President Bush’s judicial nominees. The judiciary will play a determining role with regard to land and natural resources, real estate and private property. In recent years, the judiciary has partially revived the takings clause of the Fifth Amendment to the US Constitution. Today, regulatory takings that substantially diminish the value of private property are supposed to involve compensation for the building owner and landowner.

Yet, much of the panoply of government in our country is reluctant to embrace this ruling. Property owners must still deal with hordes of bureaucrats, many of whom seem to have nothing better to do than devise new ways around this ruling. With expedited consideration of judicial nominees, the takings clause can become truly invigorated.