Ken Klukowski: Supreme Court Ducks Question on Taking Property
ACRU Senior Legal Analyst Ken Klukowski wrote this column appearing on Townhall.com on June 21, 2010.
The legal world has been focused on a constitutional property-rights case before the Supreme Court. Last week the Court handed down its decision, and disappointed those waiting for this decision by deferring the big question to a future case. So it remains unclear whether courts can take your property without compensating you.
The Takings Clause of the Fifth Amendment provides that the federal government cannot take your private property unless it’s for public use, and the government gives you “just compensation” (usually fair market value) for the property. In […]

