The Fifth Amendment's Takings Clause – Does It Mean What It Says?

This term, the United States Supreme Court is poised to address whether the Fifth Amendment's Takings Clause provides an independent cause of action for plaintiffs seeking redress against states for takings.

The Fifth Amendment provides: "nor shall private property be taken for public use, without just compensation." As any law student will tell you, this simple clause means that when the government takes private property, the U.S. Constitution dictates that the government must provide the owner with just compensation. In DeVillier v. Texas, the Court will address this clause head-on, and decide whether the constitutional text — in and of itself — provides litigants with a federal cause of action against states who "take" their property. The Court's decision will have far-reaching implications for litigation against states, and property owners' ability to vindicate their rights in federal court.