The Fifth Amendment to the United States Constitution provides in part: "nor shall private property be taken for public use without just compensation." There are three types of takings. Physical takings occur when the government wants to buy your land for a public use, such as a park or a school. A physical taking can also occur when the government damages your property. One of the most controversial and legally unsupportable United States Supreme Court opinions on the subject of eminent domain was Kelo v. City of New London. In that case, the Court held that the government can wield its power of eminent domain to force private property owners to relinquish their land not to the government, but rather another private developer. The Court concluded that speculative future tax revenues were a sufficient public "purpose." Years later, the private developer scrapped its plans, yet the private property owners have no power to reclaim the land they were forced to sell. A book has been written on this case, entitled Little Pink House.

A taking can also occur when the government restricts the economic use of property, such as a growth control measure, or a rezoning.

Finally, a taking can occur when the government imposes an exaction, or condition, in exchange for a permit which is excessive and has no real relation to the impact created by the proposed development.

When dealing with a fifth amendment takings matter, it's important to get trusted advice on the merits of the case. At the Sacramento and Los Angeles offices of Kassouni Law the civil rights attorneys give honest, straightforward advice to all clients. After analyzing each client's legal matter, the attorneys will be pleased to assess your rights and remedies and help you form a plan of action to obtain positive results.  You may contact them at 877-770-7379.