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Simple English definitions for legal terms

Takings

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A quick definition of Takings:

A taking is when the government takes someone's private property for public use. This can happen in two ways: physically taking the property or restricting the owner's rights so much that it's like a physical seizure. The government can only do this if they give the owner fair compensation. Sometimes, a government regulation can also be considered a taking if it infringes on private property ownership too much. The government must pay the market value of the property they take, but there are exceptions. The government doesn't have to pay for the portion of the property's value that they created.

A more thorough explanation:

A taking occurs when the government takes private property for public use. This can happen in two ways: physical taking, where the government seizes the property, or constructive taking, where the government restricts the owner's rights so much that it becomes the same as a physical seizure. The government has the power to take private property through eminent domain, but they must provide just compensation to the property owner according to the Fifth Amendment of the United States Constitution.

For example, if the government wants to build a new highway and needs to take a piece of land from a private owner, they must pay the owner the fair market value of the land. This is to ensure that the owner is not unfairly deprived of their property without proper compensation.

There are different types of takings, including regulatory takings, which occur when the government restricts a person's use of their property to the point of it being a taking. For example, if the government passes a law that prohibits a property owner from using their land for any purpose, it could be considered a regulatory taking.

The government can only take private property for public use, and the public use requirement is broadly interpreted to include actions that increase the general public welfare. However, there are limits to the government's takings power, and the Supreme Court has developed a 4-part test to determine whether a regulation is considered a taking.

If the government regulation is deemed a taking, the appropriate remedy is compensatory damages, which means just compensation. This is to ensure that the property owner is fairly compensated for their loss.

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jackfrost11770
14:19
Wow that's awesome nothing from vandy
GreyCeaselessMammoth
14:19
what
GreyCeaselessMammoth
14:19
fuck
renard99
14:19
@soyalmondoatmilk: Congratulations!!!
jackfrost11770
14:19
I applied in November
jackfrost11770
14:19
Idk when the As did
GreyCeaselessMammoth
14:19
does anyone know if they usually release all at once or waht
nothing
jackfrost11770
14:20
Well I hope not otherwise I'm screwed
jackfrost11770
14:21
Anderson cooper PLEASEEEEE
For ED and their last wave of decisions it was an email all at once
GreyCeaselessMammoth
14:22
ugh
gonna go cry
jackfrost11770
14:22
Ugh
jackfrost11770
14:22
:(
ReminiscentZestyFish
14:23
Small ahh wave
GreyCeaselessMammoth
14:23
yeah the smallness of this wave makes me think there might be more to come? am i being crazy? only one wave a month it should be a tsunami rn
14:24
@jackfrost11770: chillll it still early in the cycle, especially relative to this and last yearrrr
its also still early in the day
i think theres def more waves todayu
StillDoingMyBest
14:25
do y'all think the lsat is easier or harder without the logic games
[] starfishies
14:25
ppl prob need a few minutes to update their results
pee pee poo poo
if i get a decision today ill dye my hair
14:26
dye it grey plz
or ppiece a new whole
i would look terrible with grey hair
jackfrost11770
14:27
I do think that vandy does hella small waves if not even individual decisions
jackfrost11770
14:27
Tex got WL randomly and he was like, the only one
jackfrost11770
14:27
On a Sunday
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