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What is Just Compensation in an Eminent Domain Case?


Eminent domain is defined in a section of the Fifth Amendment of the U.S. Constitution known as the “Takings Clause.” The Takings Clause states, when defining the rights of people in this country, “nor shall private property be taken for public use, without just compensation.”

What qualifies as “just compensation” can be subjective, and is often widely disputed when eminent domain is in effect.

As a property owner who is facing an eminent domain case, you should be aware of your right to just compensation. Although this term can be difficult to define, there are some factors you should consider when you are fighting for this right.

Compensation for Property Value

The majority of compensation recovered through an eminent domain case will be for the value of your property that the government is acquiring. Determining an amount that is fair will require an evaluation of many factors, including the amount you initially paid for the property, its current value, the value it will hold once acquired for public use, and any additional value that may be available.

The government often relies on the assistance of an appraiser to determine the value of property they are working to acquire. At Allen, Semelsberger & Kaelin LLP, we believe in collecting input from multiple sources to determine the true value of a property. We use appraisers, city planners, and other experts who help us arrive at a figure that is more fair than the offers from the government.

Additional Compensation Available in an Eminent Domain Case

An eminent domain payout can provide compensation for things other than property value. When a property is acquired by the government, the situation is not as simple as just moving to a new place. There are many other factors involved, and an eminent domain payment should compensate for all expenses.

Property owners who are involved in an eminent domain case can also be compensated for:

  • Relocation costs

  • Lost income and business

  • Property damage

  • Legal fees

Ensuring You Receive Just Compensation in Your Eminent Domain Case

Again, defining just compensation can be difficult. In addition to securing compensation for all of your expenses and damages, you also have a right to receive an amount of compensation that is fair.

The best way to ensure you are justly compensated in your eminent domain case is by hiring an experienced attorney to represent you. Allen, Semelsberger & Kaelin LLP is a top-rated eminent domain law firm with decades of experience in representing the rights of property owners. We can evaluate the details of your case to determine the amount of compensation that is just for acquiring your property, and will work to recover that compensation for you.

Contact the legal team of Allen, Semelsberger & Kaelin LLP for representation in your eminent domain case. We will fight to protect your rights.

Send us a message or call 888.998.2031 for a free consultation with our attorneys.