There is no need to torture the takings clause to fit this case.

Thus, the takings clause is not a limitation on the taxing power of the Legislature.

If unduly exerted, the legislation would be in violation of the takings clause.

The Takings Clause originally applied only when the government physically seized or occupied property.

Co. that the Takings Clause under eminent domain could be applied for historic preservation.

It is time for them to invoke their trump card: the takings clause of the United States Constitution.

The government's effort to seize the funds in question was unconstitutional under the takings clause of the 5th Amendment as applied through the 14th Amendment.

The Takings Clause of the Fifth Amendment states that "nor shall private property be taken for public use without just compensation."

Regardless, Kennedy theorizes that procedural and substantive due process should protect from judicial elimination of property rights even without invoking the takings clause.

Despite the 1896 Supreme Court ruling under the Takings Clause against the railway, battlefield operations continued until 1916.