What is the difference between a legislative taking and an administrative taking?

The difference between a legislative taking and an administrative taking is an important aspect of eminent domain law in California. A legislative taking is when the government passes a law that takes private property, usually for public use, without the consent of the owners. It is also referred to as a “forced acquisition” since the owners do not have any choice in the matter. An administrative taking involves the government using its eminent domain rights to take private property. However, in this case, the owners may still retain ownership of the property, as long as they agree to certain terms proposed by the government. This type of taking is often used in cases of public benefit, such as for constructing a new road. In California, legislative takings are more common since the government has the right to take private property if it is for a public use, such as for area redevelopment, building public infrastructure, or protecting the environment. Administrative takings are more commonly used when the taking is for public benefit rather than public use. The difference between a legislative and an administrative taking is an important distinction in understanding the rights of private property owners in eminent domain law in California. Knowing the difference between the two can help private property owners understand what their options are when faced with a government taking of their property.

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What is the difference between a legislative taking and an administrative taking?

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