Activity 1: The Takings Clause - Read the following excerpt from the Fifth Amendment and define the terms below IN YOUR OWN WORD
S. Then, brainstorm ideas of things that could be considered “public use” (at least 3).
No person shall … be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
“due process of law”
“Taking”
eminent domain
“public use”
“just compensation”
Examples of things that could be considered “public use”
Activity 2: Read the excerpts below and summarize.
What Does the Fifth Amendment Guarantee?
“Among other things, the Fifth Amendment guarantees that people have the right to their lives, liberty, and property. The government is not allowed to take those things without a reason or without following due process. Due process means that the government must act fairly and obey
legal procedures when it tries to take property. The just compensation clause of the Fifth Amendment means the federal government must pay for any private property it takes for public use.”
Summarize: what does the Fifth Amendment guarantee?
What Is a Taking?
“Although the Constitution protects private property, the government can sometimes seize or restrict the use of that property. It can take property in the name of the public good. This is called a taking.”
Summarize: what is a taking?
What Is Eminent Domain?
“The Founders realized they must reconcile [consider both] the need to sometimes take property for government use and individuals’ rights to use their own property. Sometimes the government needs land to build a road, school, post office, or military base. Historically, most takings happened through eminent domain. Eminent domain refers to the government’s right to take private property for public use. In the 1800s, eminent domain was used to claim land for railroads. In the twentieth century, it was used to remove residents from land along planned interstate highway routes. Even in cases of eminent domain, the government must provide
just compensation.”
Summarize: what is eminent domain?
What Is Just Compensation?
“Individuals can sue the government to be reimbursed [paid back] for the lost value of their property. They are asking for just compensation. It is often difficult to determine the amount
of just compensation. Today, the Supreme Court generally uses the fair market value standard, defining just compensation as “what a willing buyer would pay in cash to a willing seller at the time of the taking.”
Summarize: what is just compensation?
Activity 3: Read the three scenarios on handout C and answer the questions as they relate to EACH scenario.
Is the situation described a “taking” of property?
In the situation described, can the government claim Eminent Domain?
If so, what would be the best way to determine just compensation?
Scenario 1
Scenario 2
Scenario 3
Activity 4: Read handout D and answer the questions below.
In which case did the government attempt to take physical property?
In which case did the Court rule that a “taking” had occurred, even though no land was actually taken?
In which case did the Supreme Court interpret “public use” as “public benefit? Is there a difference?
How does the Kelo ruling differ from the other property rulings? Why do you think it has been a very controversial decision?
Is redevelopment through eminent domain the only way to revitalize a neighborhood? Is it the best way? What other methods can you think of?
