TAKINGS: GENERAL PRINCIPLES
5th amendment prohitibts gov'tal taking of private property for public use without just compensation. Applicable to the states via the 14th amendment.
Takings questions often arise in connection with states' exercise of their police power.
The 5th amendment is not a grant of power, but rather is a limitation on power. The power for a taking must arise from some other source, ie, police power.
Can apply to a complete taking of real property or to damage or impairment of property or to intangibles.