What is a taking?

A taking is when the government gains control of a person’s property through eminent domain law. It usually involves the government using its power of eminent domain to take private property so it can be used for the public’s benefit. In Illinois, the government must demonstrate the taking is necessary and must show it is being done for the public’s benefit. It must also pay fair market value for the land. The purpose of eminent domain is to benefit the public good, such as when a highway is built or a school is created in an area, or when the government needs a property to construct public housing or a public park. It can also be used when the government wants to acquire land to preserve some kind of natural resource. In some cases, the government can take land to build a dam or to create a reservoir. Generally, the government must provide just compensation for the taking, which includes paying fair market value to the landowner. The landowner is entitled to a jury trial if he/she believes the value offered does not reflect the fair market value of the property.

Related FAQs

What constitutes a public use of eminent domain?
Can an owner of property refuse to sell to the government?
What is the process for determining the public use of my property?
What are the consequences of an uncompensated taking?
What is the power of eminent domain?
Who is responsible for determining the value of my property?
Are there any restrictions on the use of eminent domain power?
What is eminent domain?
What is the difference between condemnation and a regulatory taking?
How do I determine the fair market value of my property?

What is a taking?

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