Has the government decided to take your land under the power of eminent domain? You might be wondering, “Do you get paid for eminent domain?”
The short answer is yes. If the government, or some other condemnor (like a utility company, for example), is taking your property using the power of eminent domain, they must pay you just compensation.
In this blog post, we’ll answer the question, “Do you get paid for eminent domain?” in more detail and discuss steps you can take to ensure you get fair compensation for your taken property.
What is Eminent Domain?
Eminent Domain is when the government, or some entity empowered by the government, takes private property for public use. The Fifth Amendment of the U.S. Constitution states, in part, “nor shall private property be taken for public use, without just compensation.” “Just compensation” essentially means that you have a right to receive a fair price for your taken property. If the entire property is taken, the condemnor (usually the government or a utility company) must pay you the full market value of the property as of the date of the taking. That may sound simple enough, but often the condemnor wants to pay you less for your property than what other buyers or appraisers may feel the property is worth. So, in regards to the question, “Do you get paid for eminent domain?”, the answer is yes… BUT that doesn’t mean you’ll receive a fair offer… at least right away. It is important to note that in cases where only a portion of the land is taken, they must pay compensation for the part taken, and additionally, for any diminution in value of the remainder of the property. There are numerous conditions that can be created by a taking that could lower the value of your remaining property.“I’m supposed to be paid ‘just compensation’ for my property. How much should I get?”
![Eminent Domain and Compensation for Diminished Value - Riddle & Brantley](https://justicecounts.com/wp-content/uploads/2020/09/Eminent-Domain-and-Compensation-for-Diminished-Value-Riddle-Brantley.jpg)
The Short Version
The short answer to the question, “Do you get paid for eminent domain?” is “Yes.” However… It is important to make sure that you not only get paid, but that you get paid the full amount of just compensation. This right is so important that the founding fathers thought it important enough to be explicitly stated in the Bill of Rights. When a condemnor is paying you less than full just compensation, they are failing to provide justice.![Affordable NC Eminent Domain Lawyer - Riddle & Brantley](https://justicecounts.com/wp-content/uploads/2020/09/Affordable-NC-Eminent-Domain-Lawyer-Riddle-Brantley.jpg)