Claremont Institute

Property Rights

Murr v. Wisconsin (2017)

Whether a government regulation restricting the use of the privately owned land constitutes a regulatory taking under the Fifth Amendment. Specifically, whether an ordinance that “prohibits the individual development or sale of adjacent, substandard lots under common ownership, unless an individual lot has at least one acre of net project area,” violates the Takings Clause of the U.S. Constitution, which reads, “nor shall private property be taken for public use, without just compensation.”