tak·ing n
1: a seizure of private property or a substantial deprivation of the right to its free use or enjoyment that is caused by government action and esp. by the exercise of eminent domain and for which just compensation to the owner must be given according to the Fifth Amendment to the U.S. Constitution see also inverse condemnation, physical taking, regulatory taking
◇ A governmental action that results in a mere diminution in property value is less likely to be considered a taking than one that deprives the owner of economically viable use of the property.
2: the wrongful acquisition of control over property (as in larceny) or a person

Merriam-Webster’s Dictionary of Law. . 1996.

I noun abduction, acceptio, acquisition, ademption, appropriation, capture, confiscation, deprivation, dispossession, distraint, divestment, expropriation, foreclosure, impoundage, impoundment, occupatio, preemption, seizure, sequestration associated concepts: attachment, eminent domain II index acquisition, apprehension (act of arresting), arrogation, confiscatory, disseisin, distress (seizure), plagiarism

Burton's Legal Thesaurus. . 2006

The act of taking something; a government’s interference with or regulation of how a property owner can use his or her property in such a way that it substantially impairs the owner’s property right. See also condemn, eminent domain, larceny

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

Category: Real Estate & Rental Property → Homeowners

Nolo’s Plain-English Law Dictionary. . 2009.

expropriation, Also known as a taking, an act by a governmental entity that substantially deprives a foreign investor of its ownership, control or economic benefit in an investment or property located in the governmental entity's jurisdiction. Expropriation may be affected in one act or a series of regulatory actions (also known as creeping expropriation). In the US, a governmental entity's exercise of its expropriatary powers is known as eminent domain. Under international law, a governmental entity can expropriate foreign assets if the:
• Regulation affecting the expropriation is non-discriminatory (the regulation or law does not discriminate between foreign and domestic investors or among foreign investors.
• Expropriation is done for a public purpose.
• Governmental entity observes procedural safeguards.
• Governmental entity pays compensation to the investors.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.