Legal Definitions - take

In legal terms, "to take" broadly refers to the act of acquiring possession, control, or ownership over something. This acquisition can occur through various means, including legal transfer, seizure by authority, or unlawful appropriation. The specific meaning and legal consequences of "taking" depend heavily on the context in which it occurs, ranging from criminal acts to governmental powers and the exercise of individual rights.

• Unlawful Acquisition of Property:

  Imagine a scenario where a person walks into an unattended retail store and removes a valuable item from a display shelf, concealing it and leaving without paying. This action constitutes an unlawful "taking" of property.

  Explanation: This example illustrates "taking" in the context of criminal law, where someone gains unauthorized possession and control over another's property, often with the intent to permanently deprive the owner of it. Such an act is typically considered theft.

• Governmental Acquisition for Public Use:

  Consider a city government that decides to expand a public library and identifies a privately owned vacant lot adjacent to the current building as the ideal location. After negotiations fail, the city initiates legal proceedings to acquire the lot, offering the owner what it determines to be fair market value.

  Explanation: Here, the city "takes" the property under its power of eminent domain. This is a legal process where a government entity acquires private property for public use, even if the owner does not wish to sell, provided that just compensation is paid.

• Exercising a Legal Right:

  During a court hearing, a witness is asked a question by the prosecutor that could potentially reveal information that might lead to criminal charges against them. The witness's attorney advises them not to answer the question.

  Explanation: In this situation, the witness "takes" or invokes their Fifth Amendment right against self-incrimination, choosing not to provide testimony that could be used against them in a criminal proceeding. This demonstrates "taking" as the act of claiming or exercising a constitutional or legal right.