Just Compensation, Relocation Expenses and Attorneys’ Fees: Financial Compensation in Eminent Domain
Posted on Oct 12, 2015 in Articles
Property owners who have their land condemned by the government are entitled to just compensation. This is a fundamental right established by the Fifth Amendment to the U.S. Constitution and contained in state constitutions as well. While these constitutional protections are often the greatest source of compensation for property owners in eminent domain cases, they are not the only sources. Depending on the circumstances, various statutes may provide additional financial recourse for individuals and businesses that have their property taken using the power of eminent domain. These statutes often: Require payment of more than “just compensation” under certain circumstances Entitle property owners to recover their attorneys’ fees for defending their rights in a condemnation suit Provide property owners with compensation for their relocation costs.
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