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Encyclopedia > 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 forbidden by the Fifth Amendment.


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Taking (211 words)
A taking is an action by a government depriving a person of private property without the payment of just compensation.
In the United States, according to the Fifth Amendment of the Constitution, taking of private real 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.
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