Civil & Economic

Property Rights

Plain-English Explanation

Property rights protect ownership and use of real and personal property. The Takings Clause requires the government to pay just compensation when it takes private property for public use, and due process applies before deprivation.

Relevant Provision

U.S. Const. amend. V (Takings Clause); amend. XIV (Due Process).

Relevant Decisions

  • Kelo v. City of New London

    545 U.S. 469 (2005)

    Held that economic development qualifies as a 'public use' under the Takings Clause, though many states later restricted this by statute.

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