ABSTRACT
This chapter focuses on possessory takings. A possessory taking may be either temporary or permanent. A temporary taking occurs when a local government divests a property owner from his or her land for a short period of time. In the alternative, a property is permanently taken when the government seeks to occupy a private parcel of property, or a portion of it, for an indefinite period of time. The value paid to the property owner is dependent on both the time and degree of the possessory taking. Private property is property that is owned by a non-governmental legal entity, such as homeowner, small business proprietor, or corporation. Public property, by contrast, is property that is owned by a unit of government. The Fifth Amendment to the United States Constitution is important for planners to understand, that financial compensation does not necessarily address the losses experienced by private property owners who are socially, emotionally, and nostalgically tied to their properties.
