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Simple English definitions for legal terms
actual taking
Read a random definition: legal opinion
A quick definition of actual taking:
Actual taking: When someone takes something, it's called a "taking." If they physically take it, that's called an "actual taking." But even if they don't physically take it, they can still be guilty of a "constructive taking" if they show they intend to keep it. The government can also take property, which is called a "constitutional taking." This happens when the government interferes with someone's use of their property. If the government takes property permanently, the owner is entitled to compensation. If it's only temporary, the owner may still be entitled to compensation for any harm done to the property.
A more thorough explanation:
Actual taking is the act of seizing an article, with or without removing it, but with an implicit transfer of possession or control. This term is commonly used in criminal and tort law.
- If someone steals your phone from your pocket, that is an actual taking.
- If a person entrusted with the possession of goods starts using them contrary to the owner's instructions, that is a constructive taking.
- If the government takes your land and destroys it or severely impairs its utility, that is a constitutional taking.
- If the government takes your land and interferes with your use or value or marketability of the land in anticipation of condemnation, that is a de facto taking.
- If the government takes your property with no intention to return it, that is a permanent taking.
- If the government takes your property for a finite time, that is a temporary taking.
These examples illustrate how actual taking can occur in different contexts, such as theft, government acquisition of private property, and eminent domain. In each case, there is a transfer of possession or control that constitutes an actual taking.