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What is the Takings Clause of the 5th Amendment?

The Fifth Amendment of the United States Constitution includes a provision known as the Takings Clause, which states that "private property [shall not] be taken for public use, without just compensation."

What is the Takings Clause?

The Fifth Amendment of the United States Constitution includes a provision known as the Takings Clause, which states that "private property [shall not] be taken for public use, without just compensation.".

Does the Fifth Amendment apply to the States?

Although the Fifth Amendment technically only applies to the Federal Government, the Supreme Court has ruled that the takings clause applies fully to the states via incorporation to the states by the Fourteenth Amendment (this “incorporation” doctrine is a subject that is discussed in the Constitutional Law course).

When is a taking in the Fifth Amendment critical?

Where, however, physical damage results to the property because of government action, or where regulatory action limits activity on the property or otherwise deprives it of value, 60 whether there has been a taking in the Fifth Amendment sense becomes critical.