taking without compensation

See: disseisin
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Strangely, this legislation benefits no one and, in fact, will harm the residents of New York while raising profound issues regarding the legality of the legislation, including the ability of the City Council to take such an action without enabling legislation from New York State, and whether this would be considered a taking without compensation in contradiction of the Fifth Amendment.
Even more rare is an attempted prerogative taking without compensation.
The lack of taking without compensation supported a right to compensation because the common law is rooted in custom, and the custom for the past (250) years had been to provide compensation.
Without an identifiable, compensable loss, the court finds there has been no taking without compensation in violation of the Fifth Amendment," Judge Nowlin wrote in his 40-page opinion.
Since the legislature did not authorize the taking without compensation, Casamiro was therefor entitled to payment for the taking of its mineral claims.