Taking Clause Law & Legal Definition


The Takings Clause refers to the last clause of the Fifth Amendment to the U.S. constitution that limits the power of eminent domain. The taking clause requires the entity to pay just compensation on taking private property for public use. The purpose of the takings clause is to ensure that the financial burdens of public policy are shared by the entire public and not unfairly placed on individual property owners.

In the U.S., state constitutions also provide for taking clause. Following is the taking clause of a state constitution limiting the power of eminent domain.

”Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner.” [Cal Const, Art. I § 19].