The ‘Takings Clause’ of the U.S. Constitution might seem–at first glance–to be an arcane issue beyond the scope of the land surveyor. However, situations that result in uncompensated takings often crop up at the local level, entangling land use professionals who unwittingly tumble down this particular rabbit hole.

Some situations associated with possible Takings Clause violations are fairly obvious, as may be the case in construction disputes for major gas lines. In these situations, the energy company often has the power of eminent domain, and is generally operating under federal authority that is broad, but not unlimited. An associated right of entry for authorized surveying professionals often exists, but that right is subject to specific standards.