- taking
-
tak·ing n1: a seizure of private property or a substantial deprivation of the right to its free use or enjoyment that is caused by government action and esp. by the exercise of eminent domain and for which just compensation to the owner must be given according to the Fifth Amendment to the U.S. Constitution see also inverse condemnation, physical taking, regulatory taking◇ A governmental action that results in a mere diminution in property value is less likely to be considered a taking than one that deprives the owner of economically viable use of the property.2: the wrongful acquisition of control over property (as in larceny) or a person
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- taking
-
I
noun
abduction, acceptio, acquisition, ademption, appropriation, capture, confiscation, deprivation, dispossession, distraint, divestment, expropriation, foreclosure, impoundage, impoundment, occupatio, preemption, seizure, sequestration
associated concepts: attachment, eminent domain
II
index
acquisition, apprehension (act of arresting), arrogation, confiscatory, disseisin, distress (seizure), plagiarism
Burton's Legal Thesaurus. William C. Burton. 2006
- taking
-
n.The act of taking something; a government’s interference with or regulation of how a property owner can use his or her property in such a way that it substantially impairs the owner’s property right. See also condemn, eminent domain, larceny
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
- taking
-
See: eminent domainCategory: Real Estate & Rental Property → Homeowners
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
- taking
-
USAexpropriation, Also known as a taking, an act by a governmental entity that substantially deprives a foreign investor of its ownership, control or economic benefit in an investment or property located in the governmental entity's jurisdiction. Expropriation may be affected in one act or a series of regulatory actions (also known as creeping expropriation). In the US, a governmental entity's exercise of its expropriatary powers is known as eminent domain. Under international law, a governmental entity can expropriate foreign assets if the:• Regulation affecting the expropriation is non-discriminatory (the regulation or law does not discriminate between foreign and domestic investors or among foreign investors.• Expropriation is done for a public purpose.• Governmental entity observes procedural safeguards.• Governmental entity pays compensation to the investors.
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
