{"id":369183,"date":"2017-04-25T15:37:04","date_gmt":"2017-04-25T20:37:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/what-is-just-compensation-in-eminent-domain-cases.html"},"modified":"2024-04-09T14:38:15","modified_gmt":"2024-04-09T19:38:15","slug":"what-is-just-compensation-in-eminent-domain-cases","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/what-is-just-compensation-in-eminent-domain-cases.html","title":{"rendered":"What Is Just Compensation in Eminent Domain Cases?"},"content":{"rendered":"\n
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What Is Just Compensation in Eminent Domain Cases?<\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The U.S. Constitution bans the government from taking private property for public use unless it pays the landowner "just compensation." But determining an appropriate value for a piece of property is often more complex. This article will discuss the amount of just compensation in an eminent domain case.<\/p>\r\n

What Is the Power of Eminent Domain?<\/b><\/h2>\r\n

Eminent domain is the process through which the government takes private property<\/a> for a public purpose in exchange for "just compensation." The takings clause of the Fifth Amendment of the U.S. Constitution<\/a> authorizes this. The United States Constitution says no "private property [shall] be taken for public use, without just compensation."<\/p>\r\n

But what is just compensation<\/a> for real property? Ideally, just compensation should make a landowner whole again. In other words, it should place the owner in the same relative position as if the taking did not happen. This generally means that the law entitles the landowner, even if they are not a willing seller, to:<\/p>\r\n