Explore BrainMass

Evolution of Takings Clause

This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

I need help in discussing the evolution of the takings clause using detailed and thorough discussion of relevant and important case law. I need a minimum of three cases to support my essay.

© BrainMass Inc. brainmass.com March 22, 2019, 1:55 am ad1c9bdddf

Solution Preview

The "Takings Clause" of the U.S. Constitution is basically a statement that dictates no taking of private property by the government for public use unless just compensation is given. The evolution of this clause has taken on a prominent role in constitutional jurisprudence as a result of several decisions over the past 25 years. The initial clause was placed in the original Fifth Amendment of the Bill of Rights and the first application of the clause was applied to the states through the Fourteenth Amendment's Due Process Clause. The case that the Takings Clause was applied to was Chicago Burlington and Quincy R.R. v. City of Chicago, 166 U.S. 226 (1897). The use of the clause toward the states would not produce incorporation into state and local government actions until over 25 years later when another landmark case Pennsylvania Coal v. Mahon set the precedent for using the Takings Clause in state and local government actions.

Pennsylvania v. Mahon involved taking that occurred as a result of a coal company that alleged the land was taken under regulations enacted by the Pennsylvania legislature aimed at ...

Solution Summary

The following posting discusses the evolution of the takings clause using a detailed and thorough discussion of relevant and important case law.