1. Criminal & tort law. The act of seizing an article, with or without removing it, but with an implicit transfer of possession or control.
constructive taking. An act that does not equal an actual appropriation of an article but that does show an intention to convert it, as when a person entrusted with the possession of goods starts using them contrary to the owner’s instructions.
2. Constitutional law. The government’s actual or effective acquisition of private property either by ousting the owner or by destroying the property or severely impairing its utility. • There is a taking of property when government action directly interferes with or substantially disturbs the owner’s use and enjoyment of the property.
— Also termed constitutional taking. See CONDEMNATION(2); EMINENT DOMAIN. [Cases: Eminent Domain
2. C.J.S. Eminent Domain §§ 6–8, 13, 82–83, 87–88, 106–107.]
actual taking. See physical taking.
de facto taking (di fak-toh).
1. Interference with the use or value or marketability of land in anticipation of condemnation, depriving the owner of reasonable use and thereby triggering the obligation to pay just compensation.
2. A taking in which an entity clothed with eminent-domain power substantially interferes with an owner’s use, possession, or enjoyment of property. [Cases: Eminent Domain
2. C.J.S. Eminent Domain §§ 6–8, 13, 82–83, 87–88, 106–107.]
permanent taking. A government’s taking of property with no intention to return it. • The property owner is entitled to just compensation.
physical taking. A physical appropriation of an owner’s property by an entity clothed with eminent-domain authority.
— Also termed actual taking. [Cases: Eminent Domain
2. C.J.S. Eminent Domain §§ 6–8, 13, 82–83, 87–88, 106–107.]
temporary taking. A government’s taking of property for a finite time. • The property owner may be entitled to compensation and damages for any harm done to the property.
