ABSTRACT

Property has long been institutionalized as a regime value in the United States. Real property has real protections for the private landowner and real value as a tool for economic development. When these two interests collide, the Constitution has provided a framework for balance. Over the past few decades, however, the U.S. Supreme Court has handed down multiple rulings that erode the margins of due process and public interest. This chapter follows that evolution as it positions the public administrator square in the middle of the conflict. By examining the issue in a modern context, it is evident that property as regime value endures, but that the public administrator must navigate these issues with both acumen and a firm ethical grounding in their exercise of administrative discretion. This chapter argues that the Constitution continues to provide the foundational ethical structure for decision-making despite, and even because of, the environment of legal turbulence. With public administrators positioned as de facto policymakers in this arena, the issues examined in this chapter will be of critical interest and application.