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Federal and state laws require that a property owner be paid "Just Compensation" for the property taken. Just Compensation means that you are to be paid the "fair market value" of any property actually taken by the Agency as well as any net loss of value in the property remaining when only a portion of a larger parcel is acquired. Although that concept may appear simple, its application is sometimes very complex. Each piece of property is unique and "just compensation" must be determined on a case-by-case basis.
Just Compensation may include amounts for land value and improvements, severance damages, project damages to property and temporary occupation of the property. The courts may also consider whether there is any benefit given to your property because of the taking and offset that amount from the Just Compensation.
Under certain conditions, a property owner may also be entitled to relocation assistance. You may be paid certain relocation expenses from the agency if it requires you to move your home, farm, or business as a result of the condemnation. These amounts are determined by statute, but may be mediated or arbitrated if, after using whatever appeals processes the agency provides to review such matters, a dispute still exists. Tenants may be entitled to relocation costs, just as owner-occupants are.
Also, see the booklet: Your Right to Just Compensation
These guidelines are provided by the Office of the Property Rights Ombudsman in an effort to provide better understanding of constitutional private property protections and the land use regulation process. They are not meant to constitute legal advice. They simplify and broadly generalize complex issues of law. Questions should always be directed to your attorney for specific advice. Suggestions and comments are always welcome.