Takings Clause

Question 1

Eminent Domain

Answer 1

The power of the government to take private property for public purposes

Question 2

Location & Application

Answer 2

The Takings Clause is located in the Fifth Amendment

The Fourteenth Amendment Due Process Clause makes the Takings Clause applicable to the states

Question 3

What does the Takings Clause do?

Answer 3

It acts as a check on this power (eminent domain); it provides that private property may not “be taken for public use, without just compensation.”