Legal Definitions - actual taking

Actual taking is the act of seizing an article, with or without removing it, but with an implicit transfer of possession or control. This term is commonly used in criminal and tort law.

• If someone steals your phone from your pocket, that is an actual taking.
• If a person entrusted with the possession of goods starts using them contrary to the owner's instructions, that is a constructive taking.
• If the government takes your land and destroys it or severely impairs its utility, that is a constitutional taking.
• If the government takes your land and interferes with your use or value or marketability of the land in anticipation of condemnation, that is a de facto taking.
• If the government takes your property with no intention to return it, that is a permanent taking.
• If the government takes your property for a finite time, that is a temporary taking.

These examples illustrate how actual taking can occur in different contexts, such as theft, government acquisition of private property, and eminent domain. In each case, there is a transfer of possession or control that constitutes an actual taking.