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Takings Clause (view source)

Revision as of 23:29, October 27, 2007

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In other words, the '''Takings Clause''' requires government to compensate property owners when government "takes" their property.
 
In other words, the '''Takings Clause''' requires government to compensate property owners when government "takes" their property.
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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).
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[[Category:United States Supreme Court Cases]]
 
[[Category:United States Supreme Court Cases]]
 
[[Category:Fifth Amendment]]
 
[[Category:Fifth Amendment]]
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