Greg Penglis and Grok AI, November 6, 2025.
Proposed Constitutional Amendment XXVIII:
The Fifth Amendment to the Constitution of the United States is hereby amended by striking the words “without just compensation” from the last clause “nor shall private property be taken for public use, without just compensation,” so that it reads: “nor shall private property be taken for public use.”
This is one of the simplest, easiest, and shortest legislation we have ever proposed. There is no one that can’t understand this. However the impact will be massive. Currently the government can take your property, yes your private personal property, be it house, land, whatever they want, and all they have to do is give you “just compensation.” Well if you don’t want your land, your farm, your vacation home, your storage, hangar, wildlife property, open land, vacant lots, whatever, taken by the government, you have no recourse about them taking it, only how much the government has to give you for taking it.
To me it is un-American for the government to simply take what they want. How did that ever get into the Constitution? It seems so contradictory to freedom, individual rights, and private property rights. Also the abuse has been legendary. The Supreme Court now takes private property and gives your property to private commercial businesses. How can that be in the “public interest?” As I’ve always said, the public interest is only determined by the total of individual citizen decisions made without coercion or influence.
One of the most important considerations and timeliness of this amendment is the greatly increasing socialist, communist, and Islamic rise in our political system, all of which are diametrically opposed to the rights of private property, or even the existence of it in some cases. It is because of this rise of totalitarian powers that we must prevent the rogue and unrestrained seizure of private property for blatantly political, power hungry, corrupt, or other reasons, that this power of eminent domain be removed from the powers of the federal government in the Fifth Amendment, and the States through the 14th Amendment, and that private property be declared untouchable except by willing exchange in the free market.
Grok AI discussed many options regarding how to handle this, but what it came down to was to simply eliminate three words in the Constitution. Those three words change everything as they change from the government taking property and paying you just compensation, and never being able to take your property at all. This is the best preservation of our rights. Sure governments at all levels will still try to get your property by offering lots of money, changing zoning laws, tax laws, and who knows what else. But I didn’t want to burden the Constitution with all that, nor cover this in federal statutory law either. So the best plan was simply to remove the words, “without just compensation,” and have the last line of the Fifth Amendment to the Constitution simply read — “Nor shall private property be taken for public use.”
I had Grok AI summarize all the things we talked about creating this constitutional amendment, so what follows is that analysis.
Summary of Amendment XXVIII Discussion:
Purpose of the Amendment:
* Amends the Fifth Amendment by removing “without just compensation” from “nor shall private property be taken for public use, without just compensation,” so it reads: “nor shall private property be taken for public use.”
* Eliminates the government’s power of eminent domain, ensuring all property acquisitions are voluntary to protect the sanctity of private property.
* Addresses abuses of eminent domain, such as takings for private commercial benefit (e.g., Kelo v. City of New London, 2005), and the lack of strict requirements to prove public interest.
Core Principles:
* Upholds private property as sacred, prioritizing individual property rights over government authority to seize land.
* Promotes a free market by requiring government to negotiate property purchases voluntarily, without coercion, extortion, or collusion, even if owners demand exorbitant prices.
* Keeps the Constitution concise and clear, avoiding unnecessary detail to maintain its role as a framework of fundamental principles.
Legal and Practical Impacts:
* Prohibits all federal, state, and local government takings for public use, applying nationwide via incorporation through the Fourteenth Amendment.
* Forces governments to acquire property through voluntary market transactions, aligning with free market principles and preventing forced seizures.
* May increase costs or delay public projects (e.g., highways, schools) due to holdout owners, but this is secondary to protecting property rights.
* Allows potential government workarounds (e.g., coercive zoning or taxation) to be addressed by state/local legislatures, agencies, and courts, respecting federalism.
Implementation and Flexibility:
* Leaves enforcement details to state and local levels, enabling tailored statutes and judicial oversight to prevent coercive tactics (e.g., regulatory takings).
* Empowers courts to strike down workarounds that violate the constitutional ban, ensuring robust protection for property owners.
* Requires states to revise eminent domain laws to comply, likely adopting policies for voluntary acquisitions and anti-coercion measures.
Alignment with Public Sentiment:
* Responds to public backlash against eminent domain abuses, particularly post-Kelo, where property was taken for private economic development.
* Appeals to property rights advocates who prioritize individual autonomy over government-driven projects.
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