ABSTRACT
The Takings Clause of the Fifth Amendment to the US Constitution provides that the government cannot take private property for public use without paying the property owner "just compensation." There are two forms of takings. One is by the government's right of eminent domain. Under eminent domain, or condemnation, the government may take private property for a public use or purpose. The other type of taking occurs when a government regulation or action has the effect of depriving a property owner of any viable economic use of that property. The Takings Clause originally applied only to actions of the federal government, as did all of the original Bill of Rights. The issue of a "taking" outside the exercise of eminent domain arises when a property owner establishes that some government action not part of a formal condemnation proceeding nevertheless has "taken" property without the consent of the owner and without compensation.
