ABSTRACT
Most Commonwealth constitutions contain a bill of rights with an express right to property. While these constitutions provide that compensation should be paid for the compulsory acquisition of property, they do not require compensation for every form of interference with property. In the Commonwealth, constitutional framers and courts have developed several types of limitations on the right to compensation. This chapter reviews three methods and examines some of the difficult cases on each method. The first type is based on the characterisation of the interest or rights that are affected by state action. The second concentrates on the state's immediate purpose, by distinguishing between the deprivation and acquisition of property. The third type relates to the motives of the state in acting against the property owner. The chapter then contrasts these tests with a more general limitation based on the proportionality of state action.
