take

The word "take" has many shades of meaning, with the precise meaning which it is to bear in any case depending on the subject with respect to which it is used; e.g. eminent domain; larceny; arrest. To lay hold of; to gain or receive into possession; to seize; to deprive one of the use or possession of; to assume ownership. Thus, constitutions generally provide that a person's property shall not be taken for public uses without just compensation. Fifth Amend., U.S.Const.

See de facto taking

- taking.

In the law of larceny, to obtain or assume possession of a chattel unlawfully, and without the owner's consent; to appropriate things to one's own use with felonious intent. Thus, an actual taking is essential to constitute larceny. The element of "taking" in robbery does not require robber's manual possession of property; it is sufficient if robber has acquired dominion and control over property. State v. Beatty, Mo.App., 617 S.W.2d 87, 90.

A "taking" may occur when a person with a preconceived design to appropriate property to his own use obtains possession of it by means of fraud or trickery; and, such taking may be accomplished by the use of an innocent agent acting under the control and direction of the taker where the goods finally come into possession of the taker and are converted to his use. U.S. v. Posner, D.C.Md., 408 F.Supp. 1145, 1153.

To seize or apprehend a person; to arrest the body of a person by virtue of lawful process. Thus, a capias commands the officer to take the body of the defendant.

See seize.

To acquire the title to an estate; to receive or be entitled to an estate in lands from another person by virtue of some species of title. Thus one is said to "take by purchase," "take by descent," "take a life-interest under the devise," etc. Profit from a transaction, lottery, etc. Person open to taking bribes (i.e. "on the take".)

See also taking as regards eminent domain proceedings