Number: RL32629
Title: Federal Responses to International Conflict and Terrorism: Property Rights Issues
Authors: Robert Meltz, American Law Division 
Abstract: Among federal actions dealing with international conflict, wars, and terrorism, direct impingements on private property are common. Besides the obvious ravages of battle, there have historically been military occupations and requisitions of property not in the actual theater of war. And, non-military measures may be used against assets, attachments on foreign assets, causes of action, and so on. Unsurprisingly, holders of affected property interests have claimed that their property was taken and demanded compensation, invoking the Takings Clause of the Fifth Amendment. This report finds that based on case law to date, Takings Clause limits on federal response to international threats are few, but most certainly do exist  mostly when private property is impressed into military service not in the theater of actual war.
Pages: 16
Date: October 6, 2004