Takings Clause

From Conservapedia

The Takings Clause is this provision in the Fifth Amendment:

nor shall private property be taken for public use, without just compensation

In other words, the Takings Clause requires government to compensate property owners when government "takes" their property.

The U.S. Supreme Court distinguishes between acquisitions of property for public use and regulations prohibiting private uses. The Court has stated that "land-use regulations are ubiquitous and most of them impact property values in some tangential way -- often in completely unanticipated ways. Treating them all as per se takings would transform government regulation into a luxury few governments could afford. By contrast, physical appropriations are relatively rare, easily identified, and usually represent a greater affront to individual property rights." Tahoe-Sierra Pres. Council v. Tahoe Reg'l Planning Agency, 535 U.S. 302, 323-24 (2002).