CONDEMNATION(2); EMINENT DOMAIN

[Cases: Eminent Domain 2. C.J.S. Eminent
Domain §§ 6–8, 13, 82–83, 87–88, 106–107.] actual taking.See physical taking.
de facto taking (di fak-toh).1. Interference with the use or value or marketability of land in anticipation of condemnation, depriving the owner of reasonable use and thereby triggering the obligation to pay just compensation. 2. A taking in which an entity clothed with eminent-domain power substantially interferes with an owner’s use, possession, or enjoyment of property. [Cases: Eminent Domain 2. C.J.S. Eminent Domain §§ 6–8, 13, 82–83, 87–88, 106–107.] permanent taking.A government’s taking of property with no intention to return it. • The property owner is entitled to just compensation.
physical taking.A physical appropriation of an owner’s property by an entity clothed with eminent-domain authority. — Also termed actual taking. [Cases: Eminent Domain 2. C.J.S. Eminent Domain §§ 6–8, 13, 82–83, 87–88, 106–107.] temporary taking.A government’s taking of property for a finite time. • The property owner
may be entitled to compensation and damages for any harm done to the property.