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Although the Hague Regulations do not expressly allow for the taking of private immovable property such as land, an occupant may arguably take temporary possession of privately owned immovables for the purpose of quartering members of the armed forces and administration.
[92] Even the United States' notorious treatment of indigenous American Indi ans involved certain instances of state and federal compensation or quasi-restitution for the taking of native lands, although any instances of fair compensation were the exception rather than the norm.
Bob Dole (R-Kans.) subjecting any regulation that might cause a taking of private property to a "takings-impact analysis." A takings analysis would force the feds to consider less-costly alternatives to the proposed regulation or to specify how the owner would be compensated for the taking.
Either it will be deemed an impermissible act that does not qualify for the Takings Clause's liability rule regime at all, or it will be an act which can, and hence must, be validated by the payment of just compensation for however long the taking continues.