¶ … Clause
The Taking Clause, located in the Fifth Amendment of the United States Constitution is a powerful and interesting section of the written law. In the formation of this country, the founders and architects of the nation arrived at certain questions regarding the relationship between the people's right to property and the collective need for the government to acquire that property for the good of the nation.
Because it was important to know and understand when and how a government can exercise the power of eminent domain to reclaim a property the takings clause was inserted into the Constitution. The clause essentially states that the government must pay owners "just compensation usually understood to be fair market value when it uses eminent domain to take property for public use. The right to just compensation from the government is an economic right of citizens. This protection is part of the due process rights guaranteed by the Fifth Amendment. The purpose of this essay is to describe this clause and use real world case law to highlight its effect on the American society.
Analysis
Funk (nd) suggested that "The Takings Clause imposes two requirements on government in order to exercise this power. First, the property to be acquired must be "for public use," and second,...
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