Property
Takings Clause
Definition
The Takings Clause of the Fifth Amendment provides that private property shall not be taken for public use without just compensation. It applies to both physical takings (where the government physically occupies or appropriates property) and regulatory takings (where government regulations deprive the owner of economically viable use). The Penn Central test balances the economic impact, interference with investment-backed expectations, and the character of the government action. A total deprivation of economic value is a per se taking under Lucas.
Example
A regulation prevents a beachfront owner from building any structure on their lot. If this eliminates all economically beneficial use, it constitutes a per se taking requiring compensation.