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The Takings Clause and Land Use

The Takings Clause stems from the Fifth Amendment to the U.S. Constitution and limits the power of eminent domain (or the power of the government to take private property for public use) in that the government is required to provide just compensation on the taking of private property.

A physical taking occurs when the government occupies private property for a public purpose. In such a case, the private property owner is entitled to just compensation at market value and in the event that the government does not provide compensation, the landowner may seek legal remedies.

A regulatory taking occurs when the government places excessive restrictions upon the private property without physically taking it. If the regulations go too far, it will turn into a taking requiring just compensation.

Where the landowner is limited in their land use and the land value is diminished, it may also result in a taking. In such an event, a court will consider investment-backed expectations to determine this.

Do you have questions regarding a taking of your private property? If so, please contact Aziz Legal by phone at (408) 203-4627 or email us at

This article is merely informational and is not intended to be used as legal advice. Use of any information from this article is for general information only and does not represent personal legal or tax advice, either express or implied. Readers are encouraged to consult Aziz Legal, or another attorney, for any specific legal matters.

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