texaslawhopefully
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Simple English definitions for legal terms
physical taking
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A quick definition of physical taking:
Physical taking is when someone takes something that belongs to someone else, either by removing it or just by controlling it. This can happen in criminal or tort law, or when the government takes private property without permission. There are different types of physical taking, like actual taking, where the property is physically taken, and temporary taking, where the property is taken for a short time. When property is taken, the owner may be entitled to compensation or damages.
A more thorough explanation:
Physical taking is when someone seizes an object, with or without removing it, but with the intention of taking control of it. This can happen in criminal or tort law cases.
For example, if someone takes your phone from your hand, that is a physical taking. Even if they give it back immediately, they still took control of it without your permission.
In constitutional law, physical taking can also refer to the government taking private property without the owner's consent. This can happen through eminent domain, where the government takes property for public use, but must provide just compensation to the owner.
For example, if the government takes your land to build a highway, that is a physical taking. They are taking control of your property without your permission, but they must compensate you fairly for it.