Yes, the Takings Clause of the Fifth Amendment is a standard topic on the bar exam. It is typically tested under both Constitutional Law and Real Property.
How It Is Tested
Multistate Bar Examination (MBE): It appears as part of the 200 multiple-choice questions, specifically within the "Individual Rights" category of Constitutional Law.
Multistate Essay Examination (MEE): It is often featured in crossover essay questions that combine Property law with Constitutional law issues, such as zoning or eminent domain.
Key Concepts to Know for 2026
For exams in 2026, including the NextGen Bar Exam launching in July 2026 in some jurisdictions, you should be familiar with:
Possessory (Per Se) Takings: Physical occupation of property by the government.
Regulatory Takings: When a government regulation goes "too far," depriving property of its economic value.
The Penn Central Test: A three-factor balancing test used to determine if a regulation constitutes a taking (economic impact, interference with investment-backed expectations, and the character of the government action).
Public Use & Just Compensation: The requirement that takings be for a public purpose and that owners receive fair market value.
I love our wonderful written Constitution (especially the Bill of Rights). But in Property, I only teach it in cases in which it is relevant to the law of Property.
