What are the consequences of an uncompensated taking?

An uncompensated taking is when a government entity, such as the state of Nebraska, takes private property for public use without providing the owner with just compensation. The property owner is given no money or other form of payment for the land—this is known as an uncompensated taking. The consequence of an uncompensated taking in Nebraska would be deprivation of private property rights. The Fifth Amendment to the U.S. Constitution requires that the government provide just compensation when it takes private property for public use. Because the government does not compensate the owners in an uncompensated taking, this violates the Constitutional requirement for just compensation. Not only does the government fail to provide just compensation, but the property owners are also deprived of the use of the property. The owner often has to bear financial and emotional losses associated with the taking, such as the cost of relocating and the emotional hardship of being removed from familiar surroundings and familiar people. The Nebraska Supreme Court has held that the taking of private property without just compensation is unconstitutional and should be avoided in all cases. Thus, when a Nebraska government entity takes private property for public use, the owner should receive just compensation in the form of money or other form of payment.

Related FAQs

What is the difference between condemnation and a regulatory taking?
Can I receive compensation for emotional distress?
What is a taking without compensation?
What is the difference between eminent domain and zoning laws?
What is the difference between just compensation and fair market value?
Can private individuals use eminent domain?
Can my property be taken if I do not receive fair compensation?
What is the difference between a public use and a public welfare exception?
Can I receive payment for relocation costs?
How does the government determine the public use of a taking?

What are the consequences of an uncompensated taking?

Related FAQs

Related Blog Posts