Takings Clause
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 329 U.S. 230 - United States v. Carmack · 1946Most cited · 616 citing opinions
The Fifth Amendment to the Constitution says 'nor shall private property be taken for public use, without just compensation.' This is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power.
How often courts cite the case defining “Takings Clause”
Court decisions citing the opinion that defined “Takings Clause” — 616 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.