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LSDefine

Simple English definitions for legal terms

actual taking

Read a random definition: lieutenant

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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General

General chat about the legal profession.
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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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