Partial Takings
Often, the government needs only a portion of a particular property, such as a strip of land needed for street widening. In those cases, just compensation is determined not only by the value of the part taken, but also by the damage to the remaining property. Such damages are called “severance damages,” i.e., damages caused… Read more »
Fair Market Value
The government is required to pay the “fair market value” of the property it acquires by eminent domain. California’s Eminent Domain Law generally defines fair market value as: “The fair market value of the property taken is the highest price on the date of the valuation that would be agreed to by the seller, being… Read more »
People Entitled to Just Compensation
The constitutional requirement of just compensation applies not just to the record owner of the property, but to anyone whose property interest is acquired by the government agency. For example, a business tenant on property to be acquired by eminent domain may be entitled to compensation for the value of his leasehold interest, the value… Read more »
Just Compensation
The Fifth Amendment of the United States Constitution provides that private property may not be taken for a public use without payment of “just compensation.” Similarly, article I section 19 of the California Constitution provides that private property may not be taken or damaged by the government unless it pays “just compensation.” The items for… Read more »