Legal Definitions - quick-take

Definition: Quick-take is a legal process where the government takes immediate possession of private property for public use, subject to reasonable compensation. The estimated compensation is deposited in court or paid to the owner until the actual amount of compensation can be established.

Examples:

• A city needs to build a new highway and requires a piece of private land to complete the project. The government can use quick-take to take immediate possession of the land and pay the owner an estimated compensation until the actual amount is determined.
• Inverse condemnation is when a property owner sues the government for compensation after the government takes their property without formal condemnation proceedings. This is also known as constructive condemnation or reverse condemnation.
• Excess condemnation is when the government takes more land than necessary for a public project. For example, if a city needs to build a park and takes more land than required, it is considered excess condemnation.

The examples illustrate how quick-take is used in eminent domain cases where the government needs private property for public use. Quick-take allows the government to take immediate possession of the property and pay the owner an estimated compensation until the actual amount is determined. Inverse condemnation and excess condemnation are related legal terms that also involve the taking of private property by the government.