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<p>[QUOTE=&quot;Marshall, post: 1243383, member: 21705&quot;]<b>Amendment 5 - Trial and Punishment, Compensation for Takings. <a href="http://www.usconstitution.net/constamrat.html#BoR" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://www.usconstitution.net/constamrat.html#BoR" rel="nofollow">Ratified</a> 12/15/1791.</b></p><p>&nbsp; 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 <a href="http://www.usconstitution.net/glossary.html#DOUBLEJ" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://www.usconstitution.net/glossary.html#DOUBLEJ" rel="nofollow">be subject for the same offense to be twice put in jeopardy of life or limb</a>; nor shall be compelled in any criminal case to be a witness against himself, nor be <a href="http://www.usconstitution.net/glossary.html#DEPRIVE" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://www.usconstitution.net/glossary.html#DEPRIVE" rel="nofollow">deprived</a>&nbsp; of life, liberty, or property, without <a href="http://www.usconstitution.net/consttop_duep.html" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://www.usconstitution.net/consttop_duep.html" rel="nofollow">due process</a> of law; nor shall private property be taken for public use, without just compensation.</p><p><br /></p><p>This is the wording of the fifth amendment. Notice it does not qualify any type of private property nor does it define just compensation. I worked with eminent domain law as a right of way agent. There are many things about how to exercise this basic concept derived from law on both Federal and State levels which push the Amendment to the limits. </p><p><br /></p><p>One common misconception is that just compensation is ALWAYS fair market value. It is common but not always applicable. </p><p><br /></p><p>Another misconception is that all takings are compensable. Sometimes takings are deemed to be part of the police powers of a community, such as when a house is demolished due to it&#039;s being a hazard to the community. This power is often overused or misused in my opinion.</p><p><br /></p><p>The last thing to consider is that even unconstitutional laws have the effect of law during the process of litigation. Most of the New Deal was eventually ruled unconstitutional, but it governed the economy for 8-10 years while it was being litigated.</p><p><br /></p><p>As for coins, the last recall resulted in some fabulous gold collections since it was an exception to the law either in law or practice.[/QUOTE]</p><p><br /></p>

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