Wednesday, September 23, 2015

Federal taking claims are based on the Fifth Amendment to the Constitution which states,
        
         "[N]or shall private property be taken for public use without just compensation."

It's on this amendment and wording that taking claims, whether property is taken for public use or through the wrongful acts of public officials acting under color of law, are based.

There are five basic kinds of inverse condemnation taking claims: (1) the per se physical occupation claim, (2) categorical claim where the deprivation of all economically beneficial use is alleged, (3) facial taking claims, (4) as applied taking claims, and (5) unconstitutional conditions/exactions taking claims.

Information obtained from: http://landuselaw.wustl.edu/takings_update.htm

If you have experienced a taking by government action, we'd like to hear from you about your experience. Please leave a comment.

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