 Until 1896 the Fifth Amendment Taking Clause applied only to the federal government.Thereafter it was held that the Just Compensation Clause is incorporated in the Due Process Clause of the 14th Amendment which does apply to states.The problem of sovereign immunity of the United States was solved when Congress enacted the Tucker Act which consents to lawsuits against the federal government in the U.S. Court of Federal Claims which sits in Washington, DC, but hears taking cases from all over the country.