De Facto Taking Law & Legal Definition


De facto taking refers to the appropriation of private property by an entity by means other than a formal appropriation. A de facto taking requires a physical entry by the condemnor, a physical ouster of the owner, a legal interference with physical use, possession or enjoyment of the property or a legal interference with the owner's power of disposition of the property.

In Deniz v. Municipality of Guaynabo, 285 F.3d 142, 147 (1st Cir. 2002), the court held that de facto taking means a taking that occurs without either a physical occupation or some formal regulatory action.