What is a taking?

A “taking” is a legal term used in eminent domain law in California that describes when a government agency takes possession of private property for a public use. This can be done through purchase, lease, or condemnation. When a government agency takes a piece of property through eminent domain, the owner of the property is entitled to receive “just compensation” for fair market value of the property taken. This payment must be determined by an independent appraiser. The owner may choose to contest the taking, which allows them to receive an additional payment to cover the cost of any attorney fees they may have incurred while fighting the government agency. The government must also prove that there is a legitimate public use for the taken property. Common examples include construction of roads and power lines, when the property is not being used in a productive fashion, or if it’s needed in order to increase public access or improve environmental quality. In California, the courts will consider the taking to be valid if the taking is for a valid public purpose and if an independent appraiser has determined that the owner of the property is receiving fair market value. Although the government agency can take a private property for its own use, it must do so in a way that does not infringe on a person’s constitutional rights or cause them undue harm.

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What is a taking?

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