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Just Compensation in Eminent Domain

“Just Compensation” and Eminent Domain Compensation

 

just-compensation-in-eminent-domainThere are hundreds of road projects happening all over the country, whether they are small widening projects or new road realignments; construction projects are needed and will continue to happen throughout the rest of our lifetime. With most road projects comes property owner land impacts that vary depending on the take. The Government can acquire land through Public Use: A use for property that is designed to benefit the public as a whole, rather than just a private individual or entity. When a property owner is getting land acquired by the Government, the owner needs to be compensated, which is Just Compensation in Eminent Domain that is based on the value of the land the Government is acquiring and in some cases including the severance damage to the land they may be indirectly impacting. The Just Compensation Clause in the Fifth Amendment states the following “nor shall private property be taken for public use, without just compensation”. Just Compensation is fair market value of a parcel of property that must be paid to a land owner who has had his or her property taken by the government.

When determining just compensation in eminent domain, the Government sends out an appraiser that they hired. The appraiser determines the value of the land, other value added land features and impact to the remaining, including severance damages. The offer is then made to the property owner, who would then consult an attorney to determine if the offer is fair. At Biersdorf & Associates, we review every offer and appraisal to determine just compensation at no cost to the property owner.

When the Government makes an offer, they have to consider highest and best use, which we have detailed here. Most property owners receive fair offers, however, you should always consult an attorney before you accept the offer. Consulting an attorney on the offer will not cost you anything to review and determine your next best step for you and your property. Feel free to contact us at 866-339-7242 with any questions or a free consultation.

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