Legal Definitions - 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.