[PDF] 5th amendment property rights

The Takings Clause of the Fifth Amendment to the United States Constitution reads as follows: “Nor shall private property be taken for public use, without just compensation.” In understanding the provision, we both agree that it is helpful to keep in mind the reasons behind it.
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  • When can a government take away your property in the United States?

    Governments are legally allowed to take your land for public use as long as they fairly compensate you for it. The legal concept is known as eminent domain and it is available to federal, state, and city governments.
  • For someone facing criminal charges, pleading the Fifth means exercising their right to remain silent and not incriminate themselves. If you worry about answering questions out of fear that you may be guilty of a crime, you have the legal right to plead the Fifth.
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