taking

In criminal law and torts, the act of laying hold upon an article, with or without removing the same. It implies a transfer of possession, dominion, or control. Under various statutes relating to sexual offenses, such as the abduction of a girl under the age of 18 years for the purpose of carnal intercourse, to constitute a "taking" no force, actual or constructive, need be exercised. The "taking" may be effected by persuasion, enticement, or inducement. And it is not necessary that the girl be taken from the control or against the will of those having lawful authority over her.

See also take away.

There is a "taking" of property when government action directly interferes with or substantially disturbs the owner's use and enjoyment of the property. Brothers v. U.S., C.A.Or., 594 F.2d 740, 741. To constitute a "taking, within constitutional limitation, it is not essential that there be physical seizure or appropriation, and any actual or material interference with private property rights constitutes a taking. Board of Com'rs of Lake County v. Mentor Lagoons Inc., Com.Pl., 6 Ohio Misc. 126, 216 N.E.2d 643, 646; Aris Gloves, Inc. v. U.S., Ct.CL, 420 F.2d 1386.

For example, the noise of jet aircraft in process of landing or taking off can amount to a "taking" or "damaging" of property for which the constitution requires that compensation be made. Martin v. Port of Seattle, 64 Wash.2d 309, 391 P.2d 540, 543.

Also, "taking" of property is affected if application of zoning law denies property owner of economically viable use of his land, which can consist of preventing best use of land or extinguishing fundamental attribute of ownership. Vari-Build, Inc. v. City of Reno, D.C.Nev., 596 F.Supp. 673, 679.

See also condemnation

- constructive taking

- eminent domain

- take. As element of crime of larceny, see take