Donald owns farming land near a forest area. Due to shortage of water in the surrounding areas, the government passes a new regulation that does not permit him to perform any agricultural activities on his land. Which of the following provisions of the U.S. Constitution is likely to help Donald obtain compensation from the government?

Question

Quizplus · Accepted Answer

The Takings Clause of the Fifth Amendment provides that private property shall not be taken for public use without just compensation. In this scenario, the government's regulation is a regulatory taking, which restricts the use of private property without physically taking the property. Therefore, Donald may be able to obtain compensation from the government under the Takings Clause. The other provisions listed (First Amendment, Third Amendment, Supremacy Clause) do not apply to this situation.

Donald Owns Farming Land near a Forest Area