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LSDefine

Simple English definitions for legal terms

taking

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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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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.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
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