United States v. Riverside Bayview Homes


Additional Material Related to

Secondary Discussion Question 7

Under the reasoning of page 128 of the opinion, when will a taking ever be unconstitutional under the Fifth Amendment?

What is the full text of the Fifth Amendment?


The Fifth Amendment is no slouch among amendments.  It contains not only the prohibition against takings without just compensation, but also the prohibition against self-incrimination--which is why you "take the Fifth" when you refuse to testify against yourself.  And the Fifth Amendment also contains the prohibition against double jeopardy.  (Presumably Alex Trebek has avoided constitutional difficulties only because he's Canadian.) 

Here's the full text of the Fifth Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


Return to the primary page discussing takings (the Secondary Discussion Question Seven home page, if you will).

Return to the Riverside Bayview Homes materials home page.

Return to the Re-Authorizing the Clean Water Act home page.

Return to the Environmental Drafting and Negotiating course's home page.


For corrections, comments, and questions, please e-mail John Setear.

This page was last updated on 03/09/99.