As it stands, the 9th Circuit ruling threatens to undermine the 5th Amendment: it would allow the government to take private property through successive enactments that each eliminated only a fraction of the property's value, accomplishing by degrees what the government could not do outright.
Historic Preservation Commissions Tread on Property Rights
John Mark Slack wanted to restore his historic San Marcos home for livability. But San Marcos’ Historic Preservation Commission demanded that in order to get a Certificate of Appropriateness—its stamp of approval—he must replace the roof, siding and doors; broaden the front porch, and add skirting to their specifications. But commissioners didn’t stop there. In...