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“ The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ”
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^^From the 9th, so other right of anyone should not be construed in a way to restrict the rights of others.
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nor shall private property be taken for public use, without just compensation.
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Your taking a private business is still that until you start banning voluntary activities, then your declaring the space public, otherwise you'd have no jurisdiction.
I did stumble across this on case law, it's what allows this to be possible:
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Regulatory Takings .--While it is established that government may take private property, with compensation, to promote the public interest, that interest also may be served by regulation of property use pursuant to the police power, and for years there was broad dicta that no one may claim damages due to a police regulation designed to secure the common welfare, especially in the area of health and safety regulations. 250 ''The distinguishing characteristic between eminent domain and the police power is that the former involves the taking of property because of its need for the public use while the latter involves the regulation of such property to prevent the use thereof in a manner that is detrimental to the public interest.'' 251 But regulation may deprive an owner of most or all beneficial use of his property and may destroy the values of the property for the purposes to which it is suited. 252 The older cases flatly denied the possibility of compensation for this diminution of property values, 253 but the Court in 1922 established as a general principle that ''if regulation goes too far it will be recognized as a taking.'' 254
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The rest is
here.
06-27-2008, 01:29 AM
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