Final answer:
Under the Fifth Amendment's Takings Clause, the government must provide just compensation when taking private property for public use, such as building a highway. This exercise of power is known as eminent domain and is upheld by the courts as long as it benefits the community and offers fair compensation to property owners.
Step-by-step explanation:
If the government wants to take land to build a highway, the Fifth Amendment says that the affected property owners must be compensated for the land. This principle is enshrined in the last clause of the Fifth Amendment, known as the Takings Clause, which is a part of the United States Constitution ensuring that private property cannot be taken for public use without just compensation. The process by which the government exercises this power is called eminent domain. The property is assumed to serve "the public good," such as infrastructure improvements, and in return, the government is required to compensate the property owner fairly.
Conflicts may arise when the rights of property owners and the power of the government are at odds, often leading to court cases where the definition of 'public use' and 'just compensation' are contested. The courts have upheld the rights of governments to exercise eminent domain, expecting it to benefit the entire community and ensure fair compensation to affected owners.