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LSDefine

Simple English definitions for legal terms

actual taking

Read a random definition: cooperative federalism

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.

actual service | actual total loss

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19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
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