Talk:Taking
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Question. Does "taking" require "without the payment of just compensation". I think a "taking" occurs when any of the three conditions happens, and "taking" does not depend wether compensaton is just ot not.
The following is from http://dictionary.reference.com/search?q=taking which sites Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
Main Entry: tak·ing Function: noun 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 NOTE: 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.
I believe a taking is just "a permanent physical occupation authorized by [the] government" (Loretto v Teleprompter Manhattan [458 US 419]). The actual taking is not depriving the citizen of just compensation, the taking is simply the act that warrants the just compensation. -- Mason13a 00:33, 7 May 2006 (UTC)
