Anti-Circularity Principle

Definition

A constitutional rule preventing the government from using its own laws to redefine or eliminate property rights in a way that avoids paying just compensation. Without this principle, governments could simply write statutes declaring that certain property interests don't exist, and then take them without compensation.

Examples

• •Pung argues that Michigan cannot use its tax foreclosure statute to declare that homeowners have no right to surplus equity, because that is exactly the property the Fifth Amendment protects.

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