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LSDefine

Simple English definitions for legal terms

Takings

Read a random definition: dicast

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.

Taking the Fifth | tangible employment action

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
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.
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