Which amendment prohibits the government from taking private property for public use without just compensation?

• A. The First Amendment
• B. The Fifth Amendment
• C. The Eighth Amendment
• D. The Tenth Amendment

Answer: (B)

The main idea here is the Takings Clause, which governs when the government can take private property. The Fifth Amendment says private property shall not be taken for public use without just compensation. That means the government can use eminent domain to acquire land if it serves a public purpose and the owner is paid fair market value for the loss. This is why the Fifth Amendment is the correct answer: it directly establishes the requirement of compensation whenever private property is seized for a project that serves the public, which is the core restriction on government power in this scenario. Other amendments protect different rights—free expression and religious liberty, protections against cruel punishment, or states’ reserved powers—and they do not address the obligation to compensate property owners when land is taken. In practice, “just compensation” is typically the fair market value of the property at the time of the taking, and “public use” has evolved to cover a broad range of projects that benefit the public, such as highways, schools, or redevelopment plans.