taking adj : very attractive; capturing interest; "a fetching new hairstyle"; "something inexpressibly taking in his manner"; "a winning personality" [syn: fetching, winning] n : the act of someone who picks up or takes something; "the pickings were easy"; "clothing could be had for the taking" [syn: pickings]
- Rhymes with: -eɪkɪŋ
a seizure of someone's goods or possessions
- Finnish: takavarikointi
- Finnish: pidätys
- present participle of take
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 StatesIn 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.
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