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

The difference between a legislative taking and an administrative taking relates to eminent domain law in Indiana. Legally, eminent domain is the power of the government to take private property for public use. Usually, this power is limited to taking property for public projects that are for the public’s benefit, such as a road or park. A legislative taking is when the government uses the power of eminent domain after the Indiana legislature has passed a law that specifically authorizes it. This form of eminent domain is the most common and allows the government to take private property to build public infrastructure such as schools, hospitals, and roads. An administrative taking is in some cases also authorized by the Indiana legislature. Unlike with a legislative taking however, this type of eminent domain is used by local or state governments and does not require an act by the legislature every time. This type of taking is also known as a “taking by implication” since it can occur without direct authorization from the legislature. It usually occurs when the government has to take private property to effectuate an existing policy or regulation. The government does not need to pass a law every time it wants to take someone’s property, but instead simply gives the affected homeowners just compensation for the taking.

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

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