just compensation

just compensation
A familiar term in constitutional provisions and statutes granting or regulating the exercise of the 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 to pay for it. 27 Am J2d Em D § 266. The 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.

Ballentine's law dictionary. . 1998.

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  • just compensation — n: compensation for property taken under eminent domain that places a property owner in the same position as before the property is taken see also eminent domain ◇ Just compensation is usu. the fair market value of the property taken. Attorney s… …   Law dictionary

  • just compensation — Compensation which is fair to both the owner and the public when property is taken for public use through condemnation (eminent domain). Consideration is taken of such criteria as the cost of reproducing the property, its market value, and the… …   Black's law dictionary

  • just compensation — Compensation which is fair to both the owner and the public when property is taken for public use through condemnation (eminent domain). Consideration is taken of such criteria as the cost of reproducing the property, its market value, and the… …   Black's law dictionary

  • Just compensation — is required to be paid by the Fifth Amendment to the U.S. Constitution (and counterpart state constitutions) when private property is taken (or in some states, damaged) for public use. For reasons of expedience, courts have been generally using… …   Wikipedia

  • Just Compensation — Compensation provided to an owner whose private real property is seized by the government s power of eminent domain, which allows it to take such property for public use. For example, when the national highway system was being constructed in the… …   Investment dictionary

  • just compensation — noun The compensation provided for property taken via eminent domain. It is usually the fair market value of the property, but may be determined by other means. [...] ; nor shall private property be taken for public use, without just compensation …   Wiktionary

  • Compensation — • Denotes the price paid for human exertion or labour Catholic Encyclopedia. Kevin Knight. 2006. Compensation     Compensation     † …   Catholic encyclopedia

  • compensation — com·pen·sa·tion /ˌkäm pən sā shən/ n 1: the act of compensating 2 in the civil law of Louisiana: the ending of mutual obligations between two people for money or quantities of fungible things usu. by operation of law but sometimes by an agreement …   Law dictionary

  • just — adj [Latin justus lawful, merited, from jus right, law]: conforming to law or to the underlying principles of law: as a: conforming to reason or a standard of correctness just sanctions cannot be excessive in relation to the offense b: conforming …   Law dictionary

  • compensation — Indemnification; payment of damages; making amends; making whole; giving an equivalent or substitute of equal value. That which is necessary to restore an injured party to his former position. Remuneration for services rendered, whether in salary …   Black's law dictionary

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