What is the scope of the takings clause of the Fifth Amendment?

The Takings Clause of the Fifth Amendment of the United States Constitution states that “private property [shall not] be taken for public use, without just compensation”. This clause is a type of due process clause, and offers protection against government interference with private property. Its purpose is to ensure that government takes are limited to those that are reasonably necessary to benefit the public and that the owner of the property is justly compensated for the taking. In Washington, the scope of the Takings Clause is broadly-interpreted and has been used for protection in a variety of disputes. For example, courts use this clause to protect landowners from government interference and to protect against inappropriate regulation that may strip property of its value or “take away” the potential for its use. Landowners may also invoke the Takings Clause to seek compensation for reduced access to property and for lost profits due to government interference. The Takings Clause also provides protections to landowners who may find themselves in disputes with private individuals as well. While the Takings Clause does not entitle a private property owner to compensation when a private party deprives them of their property, courts may still consider whether the government has unreasonably assisted in the deprivation of the property. Finally, the Takings Clause applies not only to the taking of physical property, but also to the taking of intangible property rights. In Washington, it is unconstitutional for the government to take away property rights without just compensation regardless of the form of property taken.

What is the scope of the takings clause of the Fifth Amendment?

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