International Journal of Social Policy & Education

ISSN 2689-4998 (print), 2689-5013 (online)

DOI: 10.61494/ijspe


Regulatory Takings, Education, and Due Process: A Tale of Four Plaintiffs

Richard J. Hunter, Jr. & John H. Shannon


Abstract

This article is a discussion of the circumstances under which the government engages in actions which are characterized as “regulatory takings” under the Fifth Amendment to the Constitution and the property owner suffers a diminished value for their property because of a governmental action or policy. In addition, the article considers the import of the requirement of providing due process in the form of notice and hearing before any adverse action can be undertaken.