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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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@ClockworkBlue: I feel like most people could train for the 40 for the same amount of time as they do the LSAT and get close to sub 5 which would be equivalent to a 167+
this is like the schizophrenic posts JJK tik tok be putting out
powerscaling Law School deans up next
11:19
Election Day election day
Write in Dean Z vote
11:20
Saw a guy that wrote in Biden and he said no retirement for you buddy
1a2b3c4d26z
11:20
@ClockworkBlue: god I hope that's true
if the country was run the same as Mich Law it would be a better place
Imagine if election night was run by an adcom? Like, "yep, we could get the results Friday, or June 2025."
imagine if it was like Berkley applications
1a2b3c4d26z
11:22
Election status: Complete
1a2b3c4d26z
11:22
For months
triplethread
11:23
erection day
soapy
11:23
Shoutout to Robinhood's election bet not resolving until January
triplethread
11:23
is anyone else like certain that trump will win
ambitiouslizard
11:23
he aint winning
triplethread
11:23
i like being a pessimist
ambitiouslizard
11:24
he lost his re-election, why would he win this one?
1a2b3c4d26z
11:25
I have no idea why people have so much beef w berkeley's app
I've been reading a bit about "herding," which is this idea that pollsters are making the race look tied so they look right no matter who wins.
1a2b3c4d26z
11:26
Like... it's a more involved app but you don't have to do it? They're clearly trying to have some self-selection go on
I 100% agree with the self selection, I also am not even close to touching the medians there. However I think the huge PS plus the video and especially the very specific criteria for the why Berkeley essay is pretty crazy
I'm curious, how bold can one be in those videos? Is it worth making a satirical Jason Statham-action short if the adcoms have no sense of humor?
the more risk you take the higher chance of it backfiring
my instinct would be low humor bc if they have such a complex application I would feel hesitant to use a major part of it as a joke. They clearly take their admissions seriously and a joke video might convey the wrong thing at the wrong time. I think that humor is best put into a PS anecdote where it adds some shine to your personality
safe is always better
All good points
triplethread
11:34
@TheAdoptedOne: amazing
I almost did one for Vanderbilt and my idea was to do a documentary-style vid where I and others talked about me like it was an ESPN 30 for 30.
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