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Simple English definitions for legal terms

taking

Read a random definition: SECTION 43(A) ACTION

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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awman i was hopign to come home to a ucla wave
is it too late? its 2pm there
OMG U MEAN A NEW ALBUM OMGG NOW I CAN BE DISTRACTED AGAIN
shaquilleoatmeal
17:14
Nah not a Garmin, Apple watch
We not gonna see splitterus for 4 hrs
HAHAHAHHA
MRS CLITTERUS
JumpySubsequentDolphin
17:17
I’ve barely gotten through chromakopia I can’t deal with another album drop rn
JumpySubsequentDolphin
17:17
this is so stressful
wait but actually is there no wave today
i dont really like chromakopia that much i also havent gotten thru it
JumpySubsequentDolphin
17:18
idk splitty :(
if there's no gtown today that would be so cruel
surely gtown 12 minutes from now
I'm a chromokopia fan, but I don't like Tyler outside of that album
theres the spirit!!
JumpySubsequentDolphin
17:18
@SplitterusClitterus: did you like cmiygl? that’s one of my all time fave albums
Kind of a controversial take. I like experimental albums a lot
babycat
17:19
liking chromakopia and not Tyler's other stuff is crazy to me
JumpySubsequentDolphin
17:19
perhaps im biased bc i saw him live when he performed cmiygl for the first time
i think it is a controverisal take and i usually do too, i also think im giving an opinion too early cuz i habvent finished it at all
yeah seeing him live prob makes it a million times better
Thought I was dead is great raps
2024 such a great year for rap
JumpySubsequentDolphin
17:21
i like noid
even outside the beef. Noid is great too
JumpySubsequentDolphin
17:22
boogies album was the worst ever
JumpySubsequentDolphin
17:22
and i LOVE boogie
JumpySubsequentDolphin
17:23
like i would do anything for one chance w that man but better off alone and me vs myself were both not good
He's never really been my style tbh
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