The legal meaning of taking is an action that requires a person to give up some degree of control or ownership of property. Generally, taking is only applicable to land-related property, such as real estate. Whether a party can take another’s property depends on the specific legal framework and often on the specific circumstances, as well.
Different Types of Taking
There are two main types of taking, which are eminent domain and inverse condemnation. Eminent domain is when the government takes over private property for public use. The term “inverse condemnation” applies when a government entity takes away or changes private property, without making adequate compensation. Sometimes, this can be done for aesthetic reasons, such as when an unsightly building ruins the view of a local park.
Compensated vs Uncompensated Takings
When referring to takings, it’s also important to understand the difference between compensated and uncompensated taking. A compensated taking is when the government makes a payment to the property owner for the property taken, while an uncompensated taking is when a government entity takes property without making a payment.
Modern Examples of Taking
In the modern world, the concept of taking is still applicable, and it is often seen with developments, such as shopping malls and stadiums. The government may take property by eminent domain to build a new stadium or shopping mall. In addition, airports and railroad companies may use inverse condemnation to take land from a property owner to expand their operations.
Conclusion
Taking is a complex and often contentious legal concept. When it comes to real estate, governments or other entities may use either eminent domain or inverse condemnation to take away or change private property. In addition, the difference between compensated and uncompensated taking is important to understand, as well. Ultimately, it is essential to understand the legal framework surrounding taking, before acting on any potential takings.