Takings Clause
/ˈteɪkɪŋz klɔːz/
Definitions
- (n.) A constitutional provision, typically in the Fifth Amendment, prohibiting the government from taking private property for public use without just compensation.
The court ruled that the new highway project violated the Takings Clause by seizing private land without fair payment.
Forms
- takings clause
Related terms
See also
Commentary
The Takings Clause is central in property and constitutional law, balancing public interest and private property rights; interpretation often hinges on distinguishing physical takings from regulatory takings.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.