The government can take private property for public use only with just compensation, under which constitutional provision?

• A. Eighth Amendment
• B. Takings Clause (Fifth Amendment)
• C. Due Process Clause
• D. Equal Protection Clause

Answer: (B)

The principle being tested is the government’s power of eminent domain, limited by the Takings Clause of the Fifth Amendment. It allows the government to take private property for a public purpose only if the owner receives just compensation—typically the property’s fair market value. This requirement ensures that while the public can benefit from infrastructure or other public uses, the property owner is not left without just payment when property is taken.

The Eighth Amendment covers prohibitions on cruel and unusual punishment and excessive fines, not property takings. The Due Process Clause protects fair legal procedures and fundamental fairness, but it does not establish the compensation obligation. The Equal Protection Clause prevents unequal treatment under the law, not the compensation standard for takings.