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The Takings Clause

Discuss the evolution of the takings clause, including an analysis of regulatory takings, eminent domain and inverse condemnation.

Discuss how the issue impacts business practice and the costs of operating business organizations. Discuss if the issue has a significant effect on consumers. Include specific examples to illustrate.

The Evolution of the Takings Clause

• Thesis Statement:

The "Takings Clause" of the Fifth Amendment to the United States Constitution states that private property cannot be taken for public use without proper and just compensation. This part of the Bill of Rights prohibits the government from taking private property without paying its owner for it at a fair market price.

• Body

1. Regulatory Takings, Eminent Domain, Inverse Condemnation
2. Impact on business practices, cost of operating an organization
3. Does the issue have a significant impact on consumers

• Conclusion

Property rights advocates take the position that even this expanded interpretation of the Takings Clause does not protect land owners suffiently. They have proposed federal and state legislation that would go well beyond the Supreme Court's interpretation in requiring compensation.


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Solution Preview

Step 1
Thesis statement: Even though the "Takings Clause" of the Fifth Amendment to the US Constitution states that private property cannot be taken for public use without proper and just compensation, there have been regulatory takings without proper compensation, or takings without any compensation.

Step 2
Regulatory taking is a situation in which the government regulates a property to such an extent that the regulation effectively amounts to an exercise of the government's eminent domain power without actually divesting the property's owner of the title to the property. The government regulates the piece of property out of the hands of its owner without changing the titled ownership. For example, the government physically occupies some part of a landowner's property without compensation.
Eminent domain refers to Article V of Bill of Rights which says that "No person ...shall be...deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation". Even today the government is accused of taking private land and private property from US citizens. This right of the government has been confirmed by the US ...

Solution Summary

This posting gives you a step-by-step explanation of The Takings Clause of the Fifth Amendment. The response also contains the sources used.