Eminent domain, regulatory takings and the right to property

Property is necessary to ensure diverse values such as autonomy, security, and personhood, but at the same time, States need the power of eminent domain to further the public interest, as well as powers to regulate the use of property. These two sides of property are sometimes in tension with each other. The purpose of this chapter is to discuss selected topics about the State’s power to regulate and take property. We will for instance discuss the following questions from a theoretical perspective: 1. What is protected as property? 2. When is expropriation in the public interest? 3. Why do we differentiate between expropriation (where one loses title of her property) and regulations that affect the value or use of the owner’s property? 4. Is it morally defensible to require compensation for interferences with property rights? To conclude, we discuss the current theoretical challenges of property and ask questions about the future of property protection.