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LSDefine

Simple English definitions for legal terms

taking

Read a random definition: economic-out clause

A quick definition of taking:

A taking is when the government takes someone's private property and uses it for public use. The government can only do this if they pay the owner fair compensation. Sometimes, the government can restrict how the owner uses their property, and this can also be considered a taking. The compensation is usually based on the property's market value, and sentimental value is not considered. The government can only take property if it benefits the public, but this has been controversial. There are different types of takings, including regulatory takings, which happen when the government regulates how the owner can use their property. If a regulation interferes with the owner's investment-backed expectations, it may be considered a taking. However, if the regulation is necessary to protect public health, safety, or welfare, it may be justified. The appropriate remedy for a taking is usually just compensation.

A more thorough explanation:

Definition: Taking refers to the power of the government to take private property and convert it into public use through eminent domain. The government must provide just compensation to the property owners, as mandated by the Fifth Amendment of the United States Constitution. A taking can be an actual seizure of property or a regulatory taking, where the government restricts a person's use of their property to the point of it constituting a taking.

Example: The government decides to build a new highway and needs to acquire land from private property owners. They use eminent domain to take the land and compensate the owners for its fair market value.

Explanation: In this example, the government exercises its power of eminent domain to take private property for public use. They must provide just compensation to the property owners, which is determined by the fair market value of the land. This is an example of an actual seizure of property.

Example: The government passes a regulation that restricts a property owner's use of their land to the point where it constitutes a taking. For example, a regulation that prohibits a property owner from building on their land due to environmental concerns.

Explanation: In this example, the government uses a regulatory taking to restrict a property owner's use of their land. If the regulation goes too far and prevents the property owner from making economically viable use of their land, it can be considered a taking and the government must provide just compensation.

Example: The government seizes a small portion of a property owner's land to build a public park. The property owner argues that the seizure constitutes a taking and demands just compensation.

Explanation: In this example, the property owner argues that the government's seizure of their land constitutes a taking and demands just compensation. The Supreme Court has clarified that even small seizures of property can be considered takings if they involve a permanent physical occupation of the property.

Takers in Default | taking against the will

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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.
BulbasaurNoLikeCardio
7:51
@texaslawhopefully: best prices and only fast food that doesn't make me sick
matt gaetz ethics report released
paid for sex with a junior in high school
guarantee people still defend him
BulbasaurNoLikeCardio
9:51
I only read headlines and skimmed a random article of it since I am the only one at work this week. Seems like he is Republican Hunter Biden but not at the paying rent with poop paintings stage
ImpartialLion
9:55
Sent in my transcript at 6 am today and it’s processing. Think it will be processed before lsac closes tmrw?
BulbasaurNoLikeCardio
9:58
I would say it is a toss up, for how much LSAC charges us for everything they are extremely efficient in processing and sending stuff out BUT with a 30% uptake in applicants and the holidays it may be significantly slower unless it is ran through and processed by a computer program. Even if it takes them longer to process it, not like there is anyone at a school to request and review it after LSAC does their thing
Do we know if any of the t14 open at all this week
just called Fordham. they said there will be decisions going out today
so congratulations on pre xmas waves
BulbasaurNoLikeCardio
10:27
Hope schools are chill and just send As leaving the Rs for next month lol
soap
10:49
Fingers crossed for good luck today
BulbasaurNoLikeCardio
10:56
@soap: really hoping to get that UTK call today
11:08
what if instead of a room of one’s own virgina Woolf wrote a cubicle of one’s own
UGA ED deferrals are coming out rn
Only 14 days left until HLS sends out their first wave of decisions. I'm thinking about re-using my advent calendar to help me count down
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