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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - constitutional taking
A judge is a law student who marks his own examination papers.
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Definition of constitutional taking
Constitutional taking is a legal term that refers to the government's acquisition of private property either by ousting the owner or by destroying the property or severely impairing its utility. This means that the government can take away someone's property, but they have to compensate the owner for it.
- If the government wants to build a new highway and needs to take some land from a private owner, they must compensate the owner for the value of the land.
- If the government takes away someone's property without compensating them, it is considered unconstitutional.
These examples illustrate how the government can take away someone's property, but they have to do it in a fair and legal way. If they don't compensate the owner, it is considered a violation of their constitutional rights.
The life of the law has not been logic; it has been experience.
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Simple Definition
A constitutional taking is when the government takes someone's private property without their permission or destroys it, making it unusable. This can happen when the government needs the property for public use, like building a road or a park. The property owner is entitled to compensation for their loss. There are different types of takings, like actual taking where the government physically takes the property, or temporary taking where the government takes the property for a limited time.
The law is a jealous mistress, and requires a long and constant courtship.
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