Takings Research Papers Samples For Students

Introduction

The Fifth Amendment to the United Sates Constitution provides that Private property shall not be taken by the government for public use without just compensation to the owner. It may appear that the Fifth Amendment only applies to actions by the federal government. However, the Fourteenth Amendment to the Constitution extended the application of this clause to the state governments and the local governments. When government seeks to obtain land to construct say a school or another amenity for use by the public, it must first buy land from the open market as do, private individuals. However, if the seller ...

If you ask someone what they think about the Fifth Amendment, most people will likely point out that it provides citizens a right against self-incrimination. However, besides the well-known “plead the Fifth” clause, the Fifth Amendment provides a number of other important privileges and protections including the right to a grand jury for capital offences, the right to due process, the right to fair compensation when the government takes your property and a prohibition against being prosecuted or punished twice for the same crime. The Fifth Amendment was one of the original ten amendments included in the Bill of Rights that was passed ...

Introduction

The main issue that revolves around this case is the issue of Eminent Domain. In KELO V. CITY of New London (2005), the United States Supreme Court upheld the use of the eminent domain power to take property from homeowners for the purpose of economic development. Under the Fifth Amendment, eminent domain may be used only for a public purpose. Conversely, public purpose is a wide notion. At this point Eminent Domain refers to the authority of the government to acquire certain properties for public use, for example building a freeway. The idea dates to the early seventeenth-century; in U.S. law, underneath ...