| 词汇 | Constitutional Claim |
| 释义 | `1`Constitutional Claim `2` "Legal Lexicon": CONSTITUTIONAL CLAIM - Any claim or cause of action predicated on a right or duty established by the Constitution. 'Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . .' 42 U.S.C. Sec.1983 (1988) Inverse condemnation suits do not provide only the just compensation required under state law. Rather, such suits are a method of obtaining the just compensation required by the Fifth and Fourteenth Amendments. 'A landowner is entitled to bring an action in inverse condemnation as a result of the self-executing character of the constitutional provision with respect to compensation.' First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304, 315 (1987). 'Claims for just compensation are grounded in the Constitution itself.' Id. |
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