What is the test for a cause of action for damages implied from the Fifth and the Fourteenth Amendments?

Relying on Bivens v. Six Unknown Fed. Agents (1971) 403 U.S. 388, 390-397, 91 S.Ct. 1999, 2001-2005, 29 L.Ed.2d 619, the parties agree a cause of action for damages can be implied from the Fifth Amendment through the Fourteenth Amendment for the taking of property without due process of law and without just compensation. Although the Bivens decision involved the Fourth Amendment, courts have held that this remedy resting on the Fourteenth Amendment is not confined to the Fourth Amendment, and specifically

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