Owners are entitled to compensation not only for their property, but also for “improvements pertaining to realty.” These improvements can be anything from pavement and fencing to furniture and machinery, depending upon the facts of a particular case.

The government is required to pay the fair market value “in place” of such improvements. Value “in place” generally means the value of the improvements as part of a going concern, as opposed to salvage value or replacement cost.

The fair market value of improvements pertaining to realty is generally determined through obtaining appraisal reports. Ultimately, the jury decides value if the parties cannot reach settlement prior to trial.