Protecting property rights of individuals was a central part of the Founding Father’s goals when creating the United States government and the courts have routinely ruled that due process of law is required before a person can be deprived of either life, liberty or property. —The older cases proceeded on the basis that the requirement of just compensation for property taken for public use referred only to “direct appropriation, and not to consequential injuries resulting from the exercise of lawful power.” 687 Accordingly, a variety of consequential injuries were held not to constitute takings: damage to abutting property resulting from the authorization of a railroad to erect tracts, … Private Property, Public Use, and Just Compensation: The Economics of Eminent Domain 1. Overview “The Fifth Amendment to the Constitution says ‘nor shall private property be taken for public use, without just compensation.’ This is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power.”597 Eminent domain “appertains to every independent government. Thus compensation must be paid for the taking of contract rights, 663 patent rights, 664 and trade secrets.

Second, the use of eminent domain must obey the final clause of the Fifth Amendment, which states, "Nor shall private property be taken for public use, without just compensation." The Fifth Amendment requires com-pensation for the taking of “property,” hence does not require payment for losses or expenses incurred by property owners or tenants incidental to or as a consequence of the taking of real property, if they are not reflected in the market value of the property taken. The “takings” clause requires all levels of government to justly compensate owners for property taken for public use. The law of eminent domain comes from the so-called " Takings Clause " of the Fifth Amendment. In June 2005, the Supreme Court decided an important case involving the meaning of "public use" in the Fifth Amendment.

The men who created the Constitution were, for the most part, landholders with a certain mistrust of the federal government. the right of the government to take private property for public use; the Fifth Amendment requires that people be paid fairly (compensated) for their property if it is taken by the government freedom of peaceable (peaceful) assembly Introduction The Fifth Amendment of the U.S. Constitution says that the government shall not take private property for public use without paying just compensation. It states "[N]or shall private property be taken for public use, without just compensation." 1 This provision,

This amendment guarantees the right to be compensated for private property taken for public use Therefore, private property liberties are not protected while “personal liberties” such as First Amendment guarantees of free speech are still upheld under the “due process” clause. 665 So too, the franchise of a private corporation is property that cannot be taken for public use without compensation. A riparian right cannot be arbitrarily or capriciously destroyed or impaired, except in accordance with law.