Legal Dictionary of Pakistan

constructive taking

An act that does not equal an actual appropriation of an article but that does show an intention to convert it, as when a person entrusted with the possession of goods starts using them contrary to the owner's instructions. 2. Constitutional law. The government's actual or effective acquisition of private property either by ousting the owner and claiming title or by destroying the property or severely impairing its utility. 0 There is a taking of property when government action directly interferes with or substantially disturbs the owner's use and enjoyment of the property. - Also termed constitutional taking. See CONDEMNATION (2); EMINENT DOMAIN.