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]]