Aren’t requirements for shoreline vegetation buffers a “taking” of private property rights?
No. The U.S. Constitution allows state and local governments to limit private property activities provided it’s for a legitimate public benefit and they do not deprive the landowner of all reasonable use of the property. For example, state and local governments can adopt regulations that prevent sediment from running off private property and entering a salmon-spawning stream. These regulations protect salmon, a public resource. In most cases, buffers do not deprive landowners of all reasonable use of their property and, in fact, all property tends to benefit from reasonable setbacks and buffers. In those limited instances where the buffer precludes or significantly interferes with a reasonable use, the property owner may obtain a variance.
Related Questions
- Can a private landowner donate a conservation easement to convey away the propertys development rights but still continue to use the property as before the easement was granted?
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- Aren’t requirements for shoreline vegetation buffers a "taking" of private property rights?
