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The Fifth Amendment's Takings clause does not provide for the compensation of relocation expenses if the government takes a citizen's property. [1] Therefore, until 1962, citizens displaced by a federal project were guaranteed just compensation for the property taken by the government, but had no legal right or benefit for the expenses they paid to relocate.
Berman v. Parker, 348 U.S. 26 (1954), is a landmark decision of the United States Supreme Court that interpreted the Takings Clause ("nor shall private property be taken for public use, without just compensation") of the Fifth Amendment to the United States Constitution.
Knick v. Township of Scott, Pennsylvania, No. 17-647, 588 U.S. ___ (2019), was a case before the Supreme Court of the United States dealing with compensation for private property owners when the use of that property is taken from them by state or local governments, under the Due Process Clause and the Takings Clause of the Fifth Amendment to the United States Constitution.
The Takings Clause may be enforced against the federal government or against states through incorporation of the 5th Amendment through the Fourteenth Amendment. [22] Moreover, inverse condemnation cases may also arise under state constitutions, most of which include a Takings clause which are interpreted similarly to the Takings Clause in the ...
Kelo v. City of New London, 545 U.S. 469 (2005), [1] was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment.
Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment. Regulatory takings jurisprudence has its roots in Justice Oliver Wendell Holmes' opinion in Pennsylvania Coal v.
Richards v. Washington Terminal Company, 233 U.S. 546 (1914), was a case decided by the Supreme Court of the United States resolving the question when a government-created nuisance amounted to a taking of property under the Fifth Amendment's Takings Clause of the United States Constitution.
The reference to "private property" in the Takings Clause of the Fifth Amendment encompasses the property of state and local governments when it is condemned by the United States, and under this construction the same principles of just compensation presumptively apply to both private and public condemnees.