taken
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 323 U.S. 373 - United States v. General Motors Corp. · 1945Most cited · 1,794 citing opinions
The deprivation of the former owner rather than the accretion of a right or interest to the sovereign constitutes the taking. Governmental action short of acquisition of title or occupancy has been held, if its effects are so complete as to deprive the owner of all or most of his interest in the subject matter, to amount to a taking.
How often courts cite the cases defining “taken”
Court decisions citing the 2 opinions that defined “taken” — 2,872 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1945–1947
Property is taken in the constitutional sense when inroads are made upon an owner's use of it to an extent that, as between private parties, a servitude has been acquired either by agreement or in course of time.
Fifth Amendment