Landmark Justice: The Influence of William J. Brennan, Jr., on America's Communities

Abstract

BALANCING PUBLIC AND PRIVATE RIGHTS: Distilled to its essence, a land use case presents a clash between private and public rights. Property owners assert that the government has impermissibly interfered with that bundle of rights called private property. Governments respond that they are properly exercising their authority in order to advance the public welfare. Under our constitutional scheme, it is left to the judicial branch to referee this contest and draw the line between private and public domains. In so doing, judges must consult broad constitutional and statutory clauses providing only the vaguest guidelines for assessing the propriety of the contested government action.