Land Damages – a payment by the government for property it has taken under eminent domain, which must be fair both to the person whose property is taken and to the public, who must pay for it

just compensation:

1. Under the Fifth Amendment, a payment by the government for property it has taken under eminent domain — usually the property’s fair market value, so that the owner is theoretically no worse off after the taking. — aka adequate compensation; due compensation; land damages. [1]

1. A familiar term in constitutional provisions and statutes granting or regulating the exercise of power of eminent domain in the condemnation and taking of private property.  Reasonable compensation.  A compensation which is just, not merely to the individual whose property is taken, but to the public which is the pay for it.  27 Am J2d Em D § 266.

Th full and perfect equivalent of the property taken and the damages inflicted by the taking.  27 Am J2d Em D § 266.

It is not the investment, but the “value of the interest” in land taken by eminent domain that is guaranteed to the owner; the government may neither confiscate the owner’s bargain, nor be required to assume his loss.  Kinter v United States (CA3 Pa) 156 F2d 5, 172 ALR 232. [2]

1. A term originating in the Fifth Amendment prohibition against the government taking private property for public use without “just compensation,” meaning that the government can exercise the power of eminent domain only if it provides payment that is fair both to the person whose property is taken and to the public, which must pay for it.  Such payment includes the monetary value of the  property taken and the damages caused by the taking.
     See condemnation; condemnation proceeding; inverse condemnation. [3]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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