How compensation fits into eminent domain proceedings

On Behalf of | Nov 17, 2020 | Eminent Domain |

Eminent domain is a complex legal process that involves the taking of private property for public purposes or use. Individuals who receive notice that their property is subject to taking through eminent domain do not have to face their legal challenges alone. They may work with knowledgeable Ohio-based real property attorneys to understand and fight the taking of their property and land.

When the government takes property from a private party, it must compensate the party that lost its land. The legal basis for eminent domain is grounded in the Fifth Amendment to the United States Constitution, which requires just compensation for the taking of private land for public use. This post provides information on what just compensation means, but no part of this post should be read as legal advice.

Determining just compensation in an eminent domain case

Property has value and when it is lost to a taking by the government, the owner may experience a significant change in their overall wealth. As such, when property is taken it must be accurately valued so that the owner may be given a just amount of money for their loss. Factors such as the size and location of the property, its characteristics and development, and others may influence how it is valued.

It is important that individuals understand the valuation process when an eminent domain claim impacts them. Different methods of valuation may yield different outcomes and individual should be prepared to fight for what they justly deserve.

What just compensation does not include

Just compensation covers the costs associated with a property owner having their property taken from them. It does not include the costs the individual may experience if they have to move, or the intrinsic value of the loss that they personally or emotionally experience when they lose their land. It can be hard for individuals to understand the grounds for this sometimes stressful process, but with the help of a trusted eminent domain attorney, individuals can feel confident that their rights are protected.