Encyclopedia > Taking

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Taking

A taking is an action by a government depriving a person of private property without the payment of just compensation. A government could effect this taking in several ways including:

  • physically occupying it and preventing others to enter upon it;
  • exercising the power of eminent domain; and
  • regulating its use to such a degree that no longer has any economically viable use (a regulatory taking).

In the United States, takings are forbidden by the Fifth Amendment.



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