Common Property Amendment - Potential Effects and Criticism

Potential Effects and Criticism

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The Fifth Amendment to the United States Constitution, part of the United States Bill of Rights, currently protects private property against federal and state eminent domain actions without just compensation. The Common Property Amendment could possibly conflict with this; if Congress deems a person's property "common property" it is not clear what procedure would be used.

Additionally, the current amendment is somewhat unclear on what exactly is meant by "use and enjoy." For instance, would this amendment require that there be no limits on camping or the usage of snowmobiles at Yellowstone National Park, as that would impede the usage and enjoyment of the Park by the citizenry? A result such as that would seem to be at odds with the stated goals of proponents.

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