No person shall be deprived of life, liberty, or property, without due process of law. APA Agencies must provide 1. Advance notice to all citizens affected by a proposed decision, and opportunity for public comment. Public record of their justification for decision. If not, decision can be revoked by courts.
Government does have the authority to enforce regulations on private land.
However, courts have held that a regulation that destroys all economic value of a property is a takings, and that the landowner must be compensated. Continuing debate concerning partial regulatory takings. The Shadow of the Past Policy is path-dependent. The policies of the present are influenced by the policies of the past. A pervasive debate in environmental policy focuses on the distribution of authority.