Hearts Bluff Game Ranch, Inc. v. State

Justice HECHT, joined by Justice MEDINA and Justice WILLETT,

dissenting.

Protecting property rights is “one of the most important purposes of government.”1 So is pursuing the public good. These purposes can conflict, as for example, when the government determines that a landowner’s free use of his property must be regulated to prevent public harm. “‘[I]f regulation goes too far it will be recognized as a taking1 ”,2 and the government must adequately compensate the landowner. Another example is when government’s own interests in the ownership or use of specific property conflict with the…