takings clause

law

Also known as: takings

Written by

The Information Architects of Encyclopaedia Britannica

Last updated

July 19, 2026

Quick Summary

The takings clause, part of the Fifth Amendment to the U.S. Constitution, allows the government to take private property for public use. However, this power, known as eminent domain, requires that the property owner receive "just compensation." This compensation is typically defined as the fair market value of the property at the time it is taken. The Fifth Amendment, ratified in 1791 as part of the Bill of Rights, provides several procedural safeguards for individuals, including protection against self-incrimination and double jeopardy, and the guarantee of due process.123

Summary created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.

3 Britannica Sources

Ask Britannica AI about this topic

Britannica doesn't have a full article on this topic, so we've curated a list of our relevant coverage.

Fifth Amendment
Takings
The Fifth Amendment mentions property twice— once in the due process clause and again as the amendment’s entire final clause, commonly known as the “takings clause.” The common denominator of property rights is the concept of fairness that applies to the authority of the…
Read More
The Fifth Amendment mentions property twice— once in the due process clause and again as the amendment’s entire final clause, commonly known as the “takings clause.” The common denominator of property rights is the concept of fairness that applies to the authority of the…
Read More