Fifth Amendment "Takings"
Government Use and Constitutional Protection of Private Property
The Takings Clause of the Fifth Amendment states: "[N]or shall private property be taken for public use, without just compensation." Reams have been written, by courts and commentators alike, about when a government action sufficiently interferes with private property as to constitute a "taking," requiring that the property owner be paid. Answering this question involves the courts in a delicate and often ad hoc balancing act between the needs of the public and the rights of the property owner. Justification for Takings The rise of the takings issue coincides with the growing use in the twentieth century of government regulation…
