"... nor shall private property be taken for public use, without just compensation."
U.S. CONSTITUTION, AMENDMENT V
The Fifth Amendment's guarantee ''that private property shall not be taken for a public use without just compensation was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.''/1
The just compensation required by the Constitution is that which constitutes ''a full and perfect equivalent for the property taken.''/2
1/Armstrong v. United States, 364 U.S. 40, 49 (1960);
2/Monongahela Navigation Co. v. United States, 148 U.S. 312, 326 (1893).
THE LAW OFFICE OF JAMES W. FISHER
3012 Business Park Circle
Goodlettsville, TN 37072
MAIL: P.O. BOX 1426, Goodlettsville, TN 37070-1426
Tennessee law requires that you be informed that this is an advertisement. All information and material in this website is believed to be accurate. Nonetheless, it should not be considered legal advice on any particular topic. All fact patterns are potentially different and you should not act on information contained in the website without seeking advice from a legal professional specific to your particular situation. All material contained on this website is copyrighted by James W. Fisher, Esq.