Deterrence and distribution in the law of takings

Supreme Court decisions over the last three-quarters of a century have turn ed the words of the Takings Clause into a secret code that only a momentary majority of the Court is able to understand. The Justices faithfully moor their opinions to the particular terms of the Fifth Amendment, but only by stretching the text beyond recognition. A better approach is to consider th e purposes of the Takings Clause, efficiency and justice, and go anew from there. Such a method reveals that in some cases there are good reasons to r equire payment by the government when it regulates property, but nob to ins ist upon compensation to each aggrieved property owner In other cases, the opposite is true compensation to individuals makes sense, but payment by th e responsible government agency does not. Uncoupling efficiency end justice would invigorate the law of takings.