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Takings Clause and Just Compensation

takings clause

Imagine living in a country where the government can seize your property for no reason at all. If they want to take your home away from you and put you out on the street, they can. If they want to take your car for no reason, they can. Or if they want to take your appliances, they can. For some of us, it might feel like that is reality. But this is precisely what the fifth amendment protects against. In our final post about the fifth amendment, we’ll be reviewing the takings clause and just compensation.

Takings Clause and Just Compensation

First, what is the takings clause? If you take a look at our previous posts about the fifth amendment, you’ll find it restated and summarized. Today, we’re looking at the final clause that reads, “…nor shall private property be taken for public use, without just compensation.” This simple phrase prevents the government from taking your private property (your house, car, possessions) without compensating you for it in some way.

So, for example, let’s say the federal government wants to build a new highway, but your house stands in the middle of their plans. Without this amendment, they could simply force you from your home and use your land. That’s why they call it the “takings clause.” However, this amendment says that the government must compensate you in some way by paying you money and helping you relocate. Hence the phrase “just compensation.”

Takings Clause and You

Second, what might this little phrase have to do with your case? Well, do you believe the government has unjustly seized your property? Another smaller example of this amendment in action would be if you paid traffic fines, but the State impounds your vehicle anyway. Or to illustrate again, a hotly debated example would be the government’s use of your personal data collected through the internet. If your data is your property, then what gives the government the right to use it without compensating you? Doesn’t that violate the takings clause?

Defend Your Rights with Mark Catanzaro

Finally, if you believe the government has violated your fifth amendment rights, then contact Mark Catanzaro today! With over 30 years of experience, he can defend your case and protect your rights. Utilize the takings clause in your case and contact him today.


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