[20011205]RS21040_国际冲突与产权：第五修正案“征收”问题.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21040Updated December 5, 2001International Conflict and Property Rights:Fifth Amendment “Takings” IssuesRobert MeltzLegislative AttorneyAmerican Law DivisionSummaryThe terrorist attack on the World Trade Center and Pentagon has raised thepossibility of responses by the United States that impinge on private property, and, inturn, the possibility of claims under the Fifth Amendment Takings Clause. In the past,the existence of war or other national emergency has prompted courts to extend an extradegree of deference to responsive government measures when analyzing regulatorytakings claims. Thus, when the United States has temporarily closed mines, imposed rentcontrols, frozen assets of hostile foreign nations subject to U.S. jurisdiction, suspendedjudicial process initiated by U.S. nationals against such assets, or settled claims of U.S.nationals against foreign sovereigns and their assets, courts universally have rejectedtakings suits. On the other hand, takings claims based on physical takings orappropriations on the homefront have succeeded wartime notwithstanding. T