{"id":369182,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/what-is-a-taking.html"},"modified":"2024-04-02T14:02:13","modified_gmt":"2024-04-02T19:02:13","slug":"what-is-a-taking","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/what-is-a-taking.html","title":{"rendered":"What is a Taking?"},"content":{"rendered":"\n
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What Is a Taking?<\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Let’s assume you have a home in a known flood plain, less than a mile from the river. It hasn’t flooded in nearly 50 years and a thriving community has built up around the area.<\/p>\r\n

The government wants to prepare for the possibility of a major flood that could inundate the larger region. The government wants to protect the region by building a major levee right where your house is. Here, government action begins with its power of eminent domain.<\/p>\r\n

A government agency can use eminent domain to take apart and move your house. They want to move it back by roughly 100 yards so they can build the levee. Since the government taking<\/a> is deemed necessary to protect the larger region, it doesn\u2019t need your permission. Although you get to keep your house, you’ll be deprived of your property for the duration of the move and some time after.<\/p>\r\n

What Is a Taking? The Basics<\/b><\/h2>\r\n

In an eminent domain<\/a> action, what is necessary for a taking to occur is not always a formal transfer of interest in the property. Rather, what is required is:<\/p>\r\n