taking for public use

taking for public use
Entering upon private property for more than a momentary period and, under the warrant or color of legal authority, devoting it to a public use, or otherwise informally appropriating or injuriously affecting it in such a way as substantially to oust the owner and deprive him of all beneficial enjoyment thereof. 26 Am J2d Ent D § 157. Air actual interference with, or disturbance of, property rights, as distinguished from injuries and interferences which are merely consequential, incidental, trivial, insignificant. Noble State Bank v Haskell, 219 US 104, 55 L Ed 112, 31 S Ct 186: Bonnett v Vallier, 136 Wis 193, 116 NW 885. Within the meaning of a constitutional provision that private property shall not be taken for public use without just compensation, the term includes any action, the effect of which is to deprive the owner of all or most of his interest in the subject matter, such as destroying or damaging it. United States v General Motors Corp. 323 US 373, 89 L Ed 311, 65 S Ct 357, 156 ALR 390. Diminution in value of a business made less prosperous as a result of regulation does not constitute a "taking" of property within the due process clause of the constitution. California State Auto. Asso. Inter-Insurance Bureau v Maloney, 341 US 105, 95 L Ed 788, 71 S Ct 601. See taken for public use.

Ballentine's law dictionary. . 1998.

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