Constitutional Rights
Property Rights & Due Process
The government cannot take your property, or deprive you of your liberty, without following the Constitution. The Fifth Amendment sets those limits, and we hold the government to them.
What the Fifth Amendment protects
What does the Fifth Amendment protect?
Two Fifth Amendment protections come up again and again. First, the government cannot take private property for public use without just compensation. Second, it cannot deprive a person of life, liberty, or property without due process of law, meaning fair procedures. We represent people when the government falls short of either.
The areas we handle
What is a taking, and what is a due process violation?
Taking of property
When the government takes or effectively takes private property, the Constitution requires just compensation. We represent owners in disputes over whether a taking occurred and what fair payment looks like.
Due process
Before the government deprives you of your liberty or property, it must follow fair procedures. When it acts without adequate notice or a fair hearing, that can be a due process violation.
How we take on these cases
How do you challenge a taking or a denial of due process?
Identify the violation
We pinpoint exactly where the government stepped outside its constitutional limits, whether by taking property or by skipping the process it owed you.
Build the record
These cases turn on documents, decisions, and timelines. We assemble the record that shows what the government did and what it failed to do.
Pursue the remedy
Depending on the case, that can mean fair compensation, a corrected process, or relief that stops an ongoing violation.
Answers
Questions we hear
What is a taking?
A taking is government action that takes private property for public use, which requires just compensation. It is not limited to outright seizure. Regulation that goes far enough in depriving an owner of the use or value of property can also be a taking.
What does due process actually require?
In broad terms, notice and a meaningful opportunity to be heard before the government deprives you of life, liberty, or property. What that looks like in practice varies with what is at stake and which body is acting.
Can I challenge an agency decision that went against me?
Often yes, though the route matters. Some decisions must be appealed within an agency first, and missing that step can bar a court challenge later. Deadlines here are frequently short.
Is eminent domain the same as a taking?
Eminent domain is the formal process by which government takes property and pays for it. Disputes usually concern whether the taking is proper and whether the compensation offered is actually just.
How long do I have to act?
It depends on the body involved and the kind of decision, and notice requirements can apply on top of the limitation period. If a deadline is mentioned anywhere in what you have been sent, treat it as real and get advice quickly.
Talk to us about your case
If the government cut corners, we can hold it accountable.
If your property has been taken or your right to due process was denied, reach out. You can reach us by phone or email.
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