Section 7.27 Fifth Amendment

• Library: Local Government Deskbook (2017 Ed.)

C. (§7.27) Fifth Amendment

The eminent domain clause of the Fifth Amendment to the U.S. Constitution provides: “nor shall private property be taken for public use without just compensation.” This requirement was made applicable to the states through the Fourteenth Amendment in Chicago, B. & Q. R. Co. v. City of Chicago, 166 U.S. 226 (1897). A state or local regulation may constitute a taking when it deprives the owner of “all ‘economically viable use’” of the property. Lucas v. S.C. Coastal Council, 505 U.S. 1003, 1004 (1992) (remanded for determination of whether prohibition of construction of any permanently habitable...