AWB: Not retroactively, but prospectively??? [Archive] - Glock Talk

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vtducrider
12-23-2012, 15:11
I am not sure if there has been threads on this topic here, so I apologize if this is a duplicate...

So what does "prospectively" mean in this context? Or is it just a simple placeholder statement, until details are worked out?

A lot of people have serious amounts of money in weapons and accessories that could be included in a AWB, for investment/collection or otherwise. Can the legislative branch just declare them to be worthless, by making it illegal to re-sell or transfer them? Can any citizen challenge such AWB being illegal or unconstitutional?

snorko
12-23-2012, 15:45
Theoreticaly yes, they can, It is basically a regulatory taking. There has been a lot of case law in the past few decades on this in real estate.

Say you own a large beachfront tract which conforms to all requirements for a home site and is valued at $1,000,000. The local zoning board passes a regulation banning all future construction within 1,000' of the high tide line to protect some grass or something. Your million dollar lot is now worth considerably less. No loss of land but a loss of rights that should be compensable.

vtducrider
12-23-2012, 15:51
Theoreticaly yes, they can, It is basically a regulatory taking. There has been a lot of case law in the past few decades on this in real estate.

Say you own a large beachfront tract which conforms to all requirements for a home site and is valued at $1,000,000. The local zoning board passes a regulation banning all future construction within 1,000' of the high tide line to protect some grass or something. Your million dollar lot is now worth considerably less. No loss of land but a loss of rights that should be compensable.

So people in such situation have challenged the zoning board, and were compensated financially?

schild
12-23-2012, 15:52
Line in the sand........