What are a number of federal and state constitutional provisions that prohibit the taking of private property for public use without just compensation?

California, United States of America


The following excerpt is from Casalnuovo v. Cnty. of Marin, A136511 (Cal. App. 2013):

Plaintiffs also cite the provisions contained in the Fifth Amendment of the federal Constitution, as well as Article I, section 19 of the California Constitution, prohibiting the taking of private property for public use without just compensation, as well as the statement in Armstrong v. United States (1960) 364 U.S. 40 that constitutional protections for property rights exist "to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole." (Id. at p. 49.) Plaintiffs contend that "[t]he appeal fees, the unnecessary survey and staking, and the time, effort and plaintiffs unnecessary expenditures in administrative proceedings, amounted to plaintiffs' private property being taken by the government."

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