Legal Definitions - Takings

A taking occurs when the government takes private property for public use. This can happen in two ways: physical taking, where the government seizes the property, or constructive taking, where the government restricts the owner's rights so much that it becomes the same as a physical seizure. The government has the power to take private property through eminent domain, but they must provide just compensation to the property owner according to the Fifth Amendment of the United States Constitution.

For example, if the government wants to build a new highway and needs to take a piece of land from a private owner, they must pay the owner the fair market value of the land. This is to ensure that the owner is not unfairly deprived of their property without proper compensation.

There are different types of takings, including regulatory takings, which occur when the government restricts a person's use of their property to the point of it being a taking. For example, if the government passes a law that prohibits a property owner from using their land for any purpose, it could be considered a regulatory taking.

The government can only take private property for public use, and the public use requirement is broadly interpreted to include actions that increase the general public welfare. However, there are limits to the government's takings power, and the Supreme Court has developed a 4-part test to determine whether a regulation is considered a taking.

If the government regulation is deemed a taking, the appropriate remedy is compensatory damages, which means just compensation. This is to ensure that the property owner is fairly compensated for their loss.