The Takings Clause Study

Improved Essays
In plain sense, the Takings Clause limits the power of eminent domain, which means the government has the authority to obtain control of public property, where the property owner must be compensated. Question arise with the takings clause as to what constitutes “takings”, what is “public use” and finally what compensation is “just”? According to Justice Brennan in 1978, the Supreme Court “has been unable to develop any “set formula” for determining when justice and fairness require that economic injuries caused by public action be compensated by

Related Documents

  • Improved Essays

    Susette Kelo Case Summary

    • 1135 Words
    • 5 Pages

    The state of Connecticut has the right to take property for the growth of the economy, but taking property from owners that have already owned and claimed the property is wrong and the public felt that they violated the Fifth Amendment. The takings were qualified as “public use”, when the property was sold to private developers and the land was not going to be used by the public, and the fifth Amendment also stated that the taking clause did not require “literal” public use. I feel like the homeowners should’ve did research and filed a Petition for Eviction from Residential Premises. They sued the state of New London and like Susette said, they’re basically stealing her home, as well as the other homeowners knowing that the property their taking is not going to be used for a public use. All they told this woman was that her property was hers until they found someone else willing to pay way more for it.…

    • 1135 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    South Carolina Coastal Council were the Lucas’ property was essentially a “taking” of his property for a public purpose and therefore according to the Fifth Amendment he should have been compensated by the state for the loss of his personal property. David Lucas never questioned the states exercise of their police powers only his Constitutional right to be compensated for the taking of his property value. The state argued that they didn’t physically take the Lucas’ ocean front property they merely changed the planned purpose of the property, for the environmental greater good of society, resulting in a loss of investment but not a loss of property and they are not legally responsible for the reduction of the properties’ value. The state also stated in their respondent, that the Lucas’s knew there would be restrictions placed on his land that would reduce the property’s value, and that he could not expect that he would be free from government restrictions in the future.…

    • 1084 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Robber Baron was a term applied to businessmen who engaged in unethical practices and hogged most of the wealth for themselves. In the public mind, Robber Barons were often associated with political corruption. These people/corporations promoted Laissez Faire capitalism, which meant no government regulation of business. This would mean that they could exploit workers, engage in shady stock trading practices, and form monopolies. Since the public did not support this, the Sherman Anti-Trust Act was passed in 1890.…

    • 122 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    The Kelo Case

    • 885 Words
    • 4 Pages

    The Issue: Does the taking of the petitioner’s properties violate the “public use” restriction in the fifth amendment’s taking clause or is the “public use” clause valid for purposes of betterment for the community as a whole. Holding: The court ruled that the petitioner’s…

    • 885 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    US History before WWII My paper is about the Federal Reserve, The RMS Titanic Sinking, and The Clayton Anti-Trust law. In my essay I will talk about what the Federal Reserve, The RMS Titanic, and The Clayton Anti-Trust are about. I will also be talking about why the Federal Reserve, The RMS Titanic, and the Anti-Trust law are important. I will be talking about how they all lead to WWII and how important they were to the United States.…

    • 1869 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    2. One of the most life-threatening deficits that the American Indians had to face because of the United States was the loss of their land. In the case of Johnson V. McIntosh, Johnson bought land from a Native American tribe, The Piankeshaw, in what is now known as Illinois. Later, when the United States actually acquired Illinois, McIntosh obtained a land patent for the same land from the United States Government. The US Supreme Court found that people such as Johnson were not allowed to buy land directly from the Native Americans because the land wasn’t technically theirs to sell.…

    • 1060 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The Keystone Pipeline

    • 2525 Words
    • 11 Pages

    Keystone Politics By Garrett Kizior History of the Keystone Pipeline Canada’s Athabasca River Basin is the home of one of the world’s largest stockpile of fossil fuels; bitumen. Bitumen, which lies beneath prehistoric boreal forests and peat bogs, is composed of oil, sand, and clay, and is often compared to thick tar. Because of its composition, bitumen is commonly referred to as tar sands The only method to remove the tar sands from the ground is to first inject hot steam into the earth until the bitumen melts and then carry it to the surface with heavy machinery. Once above ground, converting bitumen to fuel can consume as much energy as it provides. Even though the costs involved in drilling the tar sands are high and the ultimate energy…

    • 2525 Words
    • 11 Pages
    Great Essays
  • Great Essays

    People of the United States, the time has come to unify this great nation under the a single name. This will not be easy; I am sure we are all aware of the difficulties we will encounter along the way. Questions such as How will states be re-admitted? and How will war debts be repaid? are no doubt on your minds and must be answered to progress.…

    • 1639 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Tallmadge proposed something called the Tallmadge Amendment which is a bill to forbid the further introduction of slavery into Missouri and to request the Territory of Missouri to be admitted to the Union as a free state. It also states that he doesn’t support the abolition of slavery in Alabama because it was surrounded by slave holding states and with imaginary lines of division, free blacks and slaves mingling couldn’t be prevented and, could possibly start a war. Gentlemen disagreed with Tallmadge and, had “harsh expressions” about the whole thing, Tallmadge's amendment caused a horrible reaction from southern congressmen, mostly from Border States, such as Virginia, which looked to the new territories as a market for their dangerous surplus…

    • 604 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Third Estate Analysis

    • 783 Words
    • 4 Pages

    The Third Estate, the general population of France, is an unrepresented and oppressed class that Emmanuel-Joseph Sieyes tries to rally in his pamphlet, What is the Third Estate? , to stand up rebel against the First and Second Estates. In the opening paragraphs of his pamphlets he describes four classes. The first being one that collects the raw materials, the second sculpts the materials into valuables, the third class packages and distributes the valuables, and the fourth encompasses everyone else who consumes and fills in the blanks. Then Sieyes goes into explaining what the Third Estate is.…

    • 783 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Promissory Estoppel Essay

    • 707 Words
    • 3 Pages

    This essay seeks to discuss the Doctrine of Promissory Estoppel and the Doctrine of Consideration, as well as a clear analysis, with the use of case law, how Promissory Estoppel has become an exception to the general principle that a promise may only be enforced if it is supported by good consideration; it will ultimately conclude whether or not a promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration. A contract is a legally binding agreement in law between two or more parties, which is enforced by law or by binding arbitration if it covers the elements of a valid legal agreement. For there to be a valid contract, three elements must be present, offer, acceptance, and consideration. If there is no consideration, there is no contract; however, with promissory estoppel instead of consideration, if there is a promise which induces reliance, the court would find some sort of liability for the promise.…

    • 707 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    John’s argument in court was that the Fifth Amendment of the Bill of Rights protected him against private property being taken or reduced in value for public use without being justly compensated for…

    • 1372 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    On the Nature of Property – Jean-Sifrein Maury In the Declaration of the Rights of Man and Citizen, it is stated that “property is an inviolable and sacred right…” and the current draft of the Constitution states that “the constitution guarantees the inviolability of property or a just and prior indemnity for that of which a legally established public necessity may demand the sacrifice.” This is a section of the Constitution that should be applauded. For in this statement, there lies a great and admirable protection of citizens – a protection of them from the government. By stating this as law no longer can the government take anyone’s land in the state and if they do, just compensation is required.…

    • 725 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    An implied duty is one which pits any type of entity with an obligation do something based on ethical or moral reasons. It is the duty of a parent to take care of their children as much as it is the obligation of the police officer to help those who are in need. These are implied tasks that have either been developed over the years or have always been the way that it has worked. The issue of worker rights and wages has evolved gradually over time to where we are today; in that there are many pieces of legislation providing workers in the United States with access to a minimum wage, safe working environment and a slew of other benefits. The intent of these laws is to protect workers from the potential malfeasance of corporations.…

    • 1208 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Issue Presented: Public Lands have been a staple of our country for many decades now starching from shining sea to shining sea, whether they are National Parks, National Forests, Battlefields, and so on. However, recently there has been a push, especially out west where there is a great concentration of our public lands to be transferred to state control where they are then sold off to the highest bidder to companies that either explect the resources or use the lands to develop places like private resorts. What does this important issue mean for us and what can we do to prevent it, so that these beautiful lands are preserved for generations to come? Personal Interest:…

    • 520 Words
    • 3 Pages
    Decent Essays