ABSTRACT
Municipalities who desire to craft a local master plan, for which the major premise is the protection and preservation of the community’s ecological infrastructure, can expect some significant and vocal opposition from organized, vested interest groups that have historically included lawyers, realtors, developers, and less frequently farmers. Some very imaginative, personal interpretations of the constitutional protection of private property rights are sure to be profusely argued by the vested interests to sway municipal planners from such a bold and courageous course. The proposal of environmentally-related land use regulations often inspires immediate concern in the public mind over the issue of confiscation of private property without just compensation, as provided by the Fifth Amendment and the Fourteenth Amendment. As municipalities begin to prepare ecologically based municipal master plans, there are legal precedents and constitutional law concerning private property rights and takings that need to be considered.
