Does the Takings Clause serve the principle of just compensation?
For the Takings Clause to serve this principle effectively, we both agree that the guarantee of just compensation must apply at the very least to cases in which the government engages in the outright confiscation of property. This means more than merely the government taking a privately owned asset for itself.
What is the meaning of the Takings Clause?
The key areas of dispute about the meaning of the Takings Clause relate to how much the government may burden an individual property owner before triggering its obligation to pay just compensation. These are the areas on which we shall offer our separate and different views.
What is the difference between a taking and a regulatory taking?
A taking may be the actual seizure of property by the government, or the taking may be in the form of a regulatory taking, which occurs when the government restricts a person’s use of their property to the point of it constituting a taking.
What is a taking?
A taking is when the government seizes private property for public use. A taking can come in two forms. The taking may be physical, which means that the government literally takes the property from its owner).
Constitutional Protections of Private Property: Decoupling the