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The definition of take can also further extend to comprise the indirect harming of a species via modification of its habitat (see below§ Legal Definition of Take). Taking species of plants or animals is generally regulated and may be prohibited by law depending on the conservation status of the species, geographic area, and/or time of year.
In 1922, the Supreme Court held in Pennsylvania Coal Co. v. Mahon that governmental regulations that went "too far" were a taking. Justice Oliver Wendell Holmes, writing for the majority of the court, stated that "[t]he general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking."
Public use is a legal requirement under the Takings Clause ("nor shall private property be taken for public use without just compensation") of the Fifth Amendment of the U.S. Constitution, that owners of property seized by eminent domain for "public use" be paid "just compensation."
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However, in some cases, the property owner challenges the right to take because the proposed taking is not for "public use", or the condemnor is not legislatively authorized to take the subject property, or has not followed the proper substantive or procedural steps as required by law. Also, in some cases the right to take may be denied by the ...
In simple terms, net pay is the money you take home directly from your paycheck. For example, if someone gets paid $1,200 per week but $160 is taken away by deductions, that person's net pay is ...
Possession can be obtained by a one-sided act by which factual control is established. This can take the form of apprehension (taking an object not in someone's possession) or seizure (taking an object in someone's possession). It can also be obtained through a two-sided process of handing over the possession from one party to another.
The common law may apply many exceptions to the rule that the first finder of lost property has a superior claim of right over any other person except the previous owner. For example, a trespasser 's claim to lost property which he finds while trespassing is generally inferior to the claim of the respective landowner.