Taking 144079 187730205 2008-01-29T17:50:34Z Aitias 5947179 Reverted 1 edit by [[Special:Contributions/212.235.154.160|212.235.154.160]] to last version by Aitias {{See also|The Taking}} {{Wiktionary}} 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 tax]]es) or judgment == United States == In the [[United States]], according to the [[United States Constitution/Amendment Five|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. [[Category:Legal terms]] [[Category:Public law]] [[Category:Property law]]