When is the taking of private property under the Comprehensive Agrarian Reform Law an exercise of police power and when is it an exercise of eminent domain?
The issue of the constitutionality of the taking of private property under the CARP Law has already been settled by the Supreme Court holding that where the measures under challenge merely prescribe the retention limits for landowners, there is an exercise of police power by the government, but where to carry out such regulation, it becomes necessary to deprive such owners of whatever lands they may own in excess of the maximum area allowed, then there is definitely a taking under the power of eminent domain for which payment of just compensation is imperative. To be sure, the determination of just compensation is a function addressed to the courts of justice and may not be usurped by any branch or official of the government.
Related Questions
- In addition to taking enforcement action on BART property, can BART police officers take enforcement action off of BART property (i.e., within city limits, county jurisdictions, or on state highways)?
- When is the taking of private property under the Comprehensive Agrarian Reform Law an exercise of police power and when is it an exercise of eminent domain?
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