BIGpedia.com - Taking - Encyclopedia and Dictionary Online
encyclopedia search

Taking

A taking is an action by a government depriving a person of private 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).

In the United States, takings are permitted by the Fifth Amendment only if the government has a legitimate public purpose, and compensates the owner for the value of the taken property.



The contents of this article are licensed from Wikipedia.org under the GNU Free Documentation License.
How to see transparent copy

01-04-2007 01:21:04