A taking is an action by a government depriving a person of private real or personal property without the payment of just compensation. A government could effect this taking in several ways including:

* physically occupying it and preventing others to enter upon it;
* exercising the power of eminent domain; and
* regulating its use to such a degree that no longer has any economically viable use (a regulatory taking).
* confiscation by repossession, followed by property auction to pay a debt (such as unpaid property taxes) or judgment

United States

In the United States, according to the Fifth Amendment of the Constitution, taking of private real or personal property for public use by the government requires due process of law and just compensation to the owner for the value of the property taken. State law typically says that the use of takings by eminent domain must be for a legitimate public purpose, although exact wording of laws varies from state to state.

The most significant recent caselaw in this area is Kelo v. City of New London, which held that the "public use" component of a taking exists even where the property taken will be put to strictly private use, because of the general benefits to a community from economic growth resulting from the property transfer.

Wikimedia Foundation. 2010.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • taking — tak·ing n 1: a seizure of private property or a substantial deprivation of the right to its free use or enjoyment that is caused by government action and esp. by the exercise of eminent domain and for which just compensation to the owner must be… …   Law dictionary

  • taking — ► NOUN 1) the action or process of taking. 2) (takings) the amount of money earned by a business from the sale of goods or services. ► ADJECTIVE dated ▪ captivating in manner; charming. ● for the taking Cf. ↑for the taking …   English terms dictionary

  • Taking — Tak ing, a. 1. Apt to take; alluring; attracting. [1913 Webster] Subtile in making his temptations most taking. Fuller. [1913 Webster] 2. Infectious; contageous. [Obs.] Beau. & Fl. [1913 Webster] {Tak ing*ly}, adv. {Tak ing*ness}, n. [1913… …   The Collaborative International Dictionary of English

  • Taking — Tak ing, n. 1. The act of gaining possession; a seizing; seizure; apprehension. [1913 Webster] 2. Agitation; excitement; distress of mind. [Colloq.] [1913 Webster] What a taking was he in, when your husband asked who was in the basket! Shak.… …   The Collaborative International Dictionary of English

  • taking — TÉCHING/ s. n. operaţiuni de revânzare sau de răscumpărare a unor monede ori a unor cantităţi de aur care au fost cumpărate sau vândute numai cu scopul obţinerii unui profit imediat. (< engl. taking) Trimis de raduborza, 15.09.2007. Sursa: MDN …   Dicționar Român

  • taking on — index assumption (adoption) Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • taking — [tāk′iŋ] adj. 1. that captures interest; attractive; winning 2. Obs. contagious: said of disease n. 1. the act of one that takes 2. something taken 3. [pl.] earnings; profits; receipts 4. [Old Brit. Informal] a state of agitation or excitement …   English World dictionary

  • Taking — (Roget s Thesaurus) < N PARAG:Taking >N GRP: N 1 Sgm: N 1 taking taking &c. >V. Sgm: N 1 reception reception &c.(taking in) 296 Sgm: N 1 deglutition deglutition &c.(taking food) 298 Sgm: N 1 appropriation appropriation prehension …   English dictionary for students

  • taking — In criminal law and torts, the act of laying hold upon an article, with or without removing the same. It implies a transfer of possession, dominion, or control. Under various statutes relating to sexual offenses, such as the abduction of a girl… …   Black's law dictionary

  • taking — n. for the taking (it s there for the taking) ( it can be taken by anyone who wants it ) * * * [ teɪkɪŋ] for the taking ( it can be taken by anyone who wants if; it s there for the taking) …   Combinatory dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”