Constructive Taking Law & Legal Definition
Constructive taking is a term used in property law to refer to actions that amount to depriving an owner of the use and enjoyment of his/her property. The legal term “takings” refers to the physical acquisition of private property by governmental bodies. It also applies when government regulation removes all economically viable use of private property in what the courts describe as a “regulatory” or “constructive” taking. The Fifth Amendment of the U.S. Constitution requires that private property cannot be taken for public use unless there is just compensation.
A constructive taking falls short of physical seizure or possession. It is a legal fiction, based on fairness principles, to apply to a situation that is tantamount to physical deprivation of possession. For example, a zoning regulation that deprives the land owner of the economic value of the property might be challenged as a constructive taking.
Legal Definitions
Search Definitions
Get a Term Defined
- Request a legal definition! Submit a term you need defined.
- » Request Legal Definition
Submit a Definition
- Submit a Definition Help us build our database. Free listings for attorneys.
- » Submit a Definition
Help Build USLegal
- Join our Team and help build USLegal. Many opportunities for participation so Join our Network.
Build USLegal
Read a Law Digest
- Need to read the law or find an answer to a legal question? Visit our Law Digest for the largest selection of law digests and answers available.
Go to Law Digest
Form Packages
- Select from our most popular legal form packages.
- » Bankruptcy
- » Contract for Deed
- » Divorce
- » Employment Packages
- » Home Sales
- » Incorporation
- » LLC Formation
- » Landlord Tenant
- » Mutual Wills
- » Name Change
- » Personal Planning
- » Partnerships
- » View All Packages
Legal Life
- Organize your legal life today! View our free online guide to creating a Life Documents File and related products.
- » Life Documents File
- » Personal Planning Package
- » Life Documents Packages
- » New Parents
- » Newlyweds
- » Baby Boomers
- » Military
- » Other
Form Drafting
- Can′t find the form you need, or need a form we offer revised for your situation? Submit your request and our attorneys will review the request and let you know if the form can be provided.
Submit a drafting request...
