Constitutional Taking Law and Legal Definition

Constitutional taking refers to government’s acquisition of private property by ousting owners or by destroying the property or impairing its utility. Constitutional taking issues are actions involving the physical or regulatory taking of private real property by the government. A constitutional taking requires payment of compensation when the landowner is deprived of all practical value of his/her property.

The elements of a constitutional taking are (1) the state intentionally performed certain acts in the exercise of its lawful authority (2) that resulted in a taking of property (3) for public use. [Kerr v. State DOT, 45 S.W.3d 248 (Tex. App. 2001)].