Which amendment guarantees that private property cannot be taken for public use without just compensation?

Which amendment guarantees that private property cannot be taken for public use without just compensation?

• A. Fourth Amendment
• B. Fifth Amendment
• C. Ninth Amendment
• D. Tenth Amendment

Answer: (B)

The main idea is the government’s power of eminent domain balanced against property rights. The Fifth Amendment includes the Takings Clause, which says private property cannot be taken for public use without just compensation. That means when a road, school, or other public project requires land, the government must pay the owner a fair price for it. This ensures the public benefit is pursued while respecting owners’ rights to be paid for what’s taken. Context helps: “just compensation” is typically fair market value, determined by appraisal, and owners can challenge both the taking and the amount if they believe it’s unfair. The other amendments cover different protections—unreasonable searches (Fourth), rights not listed in the Constitution (Ninth), and powers reserved to the states (Tenth)—and none of them directly address compensation for taking private property.

The main idea is the government’s power of eminent domain balanced against property rights. The Fifth Amendment includes the Takings Clause, which says private property cannot be taken for public use without just compensation. That means when a road, school, or other public project requires land, the government must pay the owner a fair price for it. This ensures the public benefit is pursued while respecting owners’ rights to be paid for what’s taken.

Context helps: “just compensation” is typically fair market value, determined by appraisal, and owners can challenge both the taking and the amount if they believe it’s unfair. The other amendments cover different protections—unreasonable searches (Fourth), rights not listed in the Constitution (Ninth), and powers reserved to the states (Tenth)—and none of them directly address compensation for taking private property.