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Compensation

What the law says you are owed

The constitutional standard is that an owner should be no worse off financially than if the property had not been taken. In practice that means fair market value, and the practical meaning of that phrase is narrower than most owners expect.

The principle

Indemnity, which explains both halves

Compensation is intended to put the owner in the same financial position as before the taking. That single idea explains what is paid and what is refused.

Fair market value is paid because selling at market value would have left you in that position. Value peculiar to you is refused because no buyer would have paid it, so paying it would leave you better off than a sale would have. The logic is consistent, and it produces outcomes that feel wrong to people who are being moved out of a home they did not want to leave.

The compensation covers the property, not the disruption. Moving costs, the trouble of finding somewhere else and the loss of a routine are real and mostly fall outside the valuation. Some of them are addressed by the separate relocation programme.

The boundary

Paid and not paid

ItemTreatment
Market value of land and buildings takenPaid
Loss in value to the remainderPaid, as severance damages
Fixtures attached to the propertyPaid
Cost of curing a problem the taking createdPaid where the cure genuinely works
Moving and relocation expensesSeparate statutory programme, not part of the valuation
Business goodwillExcluded in most states; compensated by statute in a few
Lost profitsGenerally excluded, with limited state exceptions
Sentimental valueExcluded
Legal and appraisal feesUsually borne by each side; recoverable in some states on conditions

Questions about compensation

The offer is less than I paid for the property

Your purchase price is relevant evidence but not controlling. The market may have moved, and what you paid may have reflected circumstances a hypothetical buyer would not share. It is still worth putting in front of the appraiser.

Do I get paid for the inconvenience

Not as part of the valuation. Relocation assistance covers defined categories of moving cost, and a few states compensate specific business losses. General inconvenience is not compensable anywhere.

Is interest paid on the money

In most states yes, from the date of taking or deposit until payment, at a rate set by statute or the court.

They are taking a strip and paying a rate per square foot. Is that right

It is a starting point for the land itself and it cannot capture damage to the rest of your property. Where the remainder is affected, the correct method is the before and after valuation.

Not sure what to do next

Most owners are reacting to a document they did not expect. Working through it in order is easier than it looks.

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