(Episode 22) Raisins, Boats, and Sam's Hypothetical Death Ray: The Fifth Amendment, Part 3 of 3
Welcome to Season 3, Episode 3, Listeners! In this episode, we discuss the Takings Clause of the Fifth Amendment (AKA, eminent domain; AKA, when the government takes your shit). The Takings Clause states:
"...nor shall private property be taken for public use without just compensation."
The basic idea behind the Taking Clause is this: the government shouldn't single people out to bear heavy or excessive burdens, even if it's for a good reason (the "public good"), without compensating those people appropriately. In other words, the government can sometimes take your private property, but there are rules it has to follow if/when it does.
You might immediately think about property in terms of a home, a plot of land, or some interest in land (like a lease or easement). But the takings clause applies to all kinds of private property. Various cases (not all of which are cited here) have found the Takings Clause also applies to corporate stock, farm animals, patent…
"...nor shall private property be taken for public use without just compensation."
The basic idea behind the Taking Clause is this: the government shouldn't single people out to bear heavy or excessive burdens, even if it's for a good reason (the "public good"), without compensating those people appropriately. In other words, the government can sometimes take your private property, but there are rules it has to follow if/when it does.
You might immediately think about property in terms of a home, a plot of land, or some interest in land (like a lease or easement). But the takings clause applies to all kinds of private property. Various cases (not all of which are cited here) have found the Takings Clause also applies to corporate stock, farm animals, patent…