American Institute of Certified Planners (AICP) Practice Exam

Which amendment relates to due process in the context of takings and eminent domain?

1. 10th Amendment

2. 12th Amendment

3. 14th Amendment

4. 15th Amendment

The correct answer is: 14th Amendment

The 14th Amendment is critical when discussing due process in the context of takings and eminent domain. This amendment incorporates the Due Process Clause, which prohibits the state from depriving any person of life, liberty, or property without due process of law. It serves as a safeguard against arbitrary denial of rights and ensures that individuals receive fair legal procedures. In the context of eminent domain, which allows the government to take private property for public use, the 14th Amendment requires that just compensation be provided for the taken property. This principle stems from the "Takings Clause" found in the Fifth Amendment, but the 14th Amendment is often referenced in cases involving state actions, ensuring that states also adhere to the due process protections when exercising their eminent domain powers. The other amendments listed do not specifically address the concepts of due process related to eminent domain. The 10th Amendment deals with the powers reserved to the states, the 12th Amendment outlines the electoral process for the President and Vice President, and the 15th Amendment addresses voting rights regardless of race. None of these amendments directly relate to the due process protections that are essential in eminent domain scenarios.