Download or read book Attorney General Opinion No. 1998-010 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Takings Clause of the Fifth Amendment to the United States Constitution prohibits the government from taking private property for public use without just compensation. A moratorium on new water pollution control permits for new confined feeding facilities would not effect a compensable taking pursuant to the per se category of invasive takings which are those governmental regulations that compel the property owner to suffer a physical invasion of his property. Nor does it appear that a moratorium on new water pollution control permits for new confined feeding facilities would constitute a compensable taking pursuant to the per se category of economic takings which are those governmental regulations that ban all economically beneficial uses of land. Whether such a moratorium would result in a compensable taking for failure to substantially advance a legitimate state interest depends on (1) the nature of the governmental action, (2) the severity of the economic impact on the affected property owner and (3) the degree of interference with the affected property owner's reasonable investment-backed expectations. Cited herein: U.S. Const., Amends. V and XIV; K.S.A. 1997 Supp. 65-171d; K.A.R. 28-18-2; 28-18-3.