Takings Clause

Definition

The part of the Fifth Amendment to the U.S. Constitution that says the government cannot take private property for public use without paying the owner fair compensation. It protects individuals from having their property seized or destroyed by the government without being paid for it.

Examples

• •When Isabella County kept all the proceeds from selling Timothy Pung's home—including the amount beyond his tax debt—Pung's estate argued this was a 'taking' that required compensation.

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