Total taking: Overview, definition, and example
What is a total taking?
A total taking refers to the complete appropriation or seizure of a property by a government or authority, typically through the exercise of eminent domain. In a total taking, the government or authorized entity acquires the entire property for public use, leaving no remaining ownership or rights with the original property owner. This type of taking contrasts with a partial taking, where only a portion of the property is seized, and the owner retains the remainder. In a total taking, the property owner is typically compensated for the full value of the property based on its market value or other applicable valuation methods.
For example, a government may seize an entire parcel of land to build a highway, resulting in a total taking of the property.
Why is total taking important?
Total taking is important because it involves the complete transfer of ownership from a private individual or entity to the government or another authority. This process is usually done for public purposes such as infrastructure development, urban renewal, or environmental protection. The concept of total taking ensures that individuals are fairly compensated for the loss of their property and that the government has the legal authority to take property for the public good.
For property owners, understanding total taking is essential because it ensures they are aware of their rights and compensation entitlements. For governments, total taking is a critical tool for acquiring the necessary land for public projects while balancing the need for development with the protection of individual property rights.
Understanding total taking through an example
Imagine a city is planning to build a new airport. In order to carry out the project, the city decides to use eminent domain to acquire the land needed for the construction. If the city seizes the entire parcel of land, this would be classified as a total taking. The previous property owners are compensated for the full market value of the land, and they no longer retain any ownership or rights over the property.
In another example, a government decides to build a dam, which requires the complete flooding of a private farm. If the entire farm is taken for the project, with no portion remaining with the owner, this is a total taking, and the farm owner will receive compensation for the full value of the land.
An example of a total taking clause
Here’s how a total taking clause might appear in an agreement or property contract:
“In the event of a total taking of the Property by any governmental authority for public use, the Seller shall be entitled to the full compensation received for such taking, including any compensation for the entire value of the Property. The Buyer shall have no further obligations with respect to the Property upon such taking.”
Conclusion
Total taking is an important legal concept that allows the government to acquire private property for public use, ensuring that the needs of the public are met. In a total taking, the property owner is compensated for the entire property value, and the original ownership is fully transferred. Understanding total taking is crucial for property owners, legal professionals, and government entities to ensure fair compensation and the proper exercise of eminent domain authority.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.