Are there any restrictions on the amount of compensation I can receive?

Yes, there are restrictions on the amount of compensation you can receive if you are affected by eminent domain law in California. Generally speaking, the compensation you receive must be fair and must remain within the California Civil Code. Under Civil Code 1263.320, the amount of compensation you can receive must account for the fair market value of your property or the market value of your property minus any reduction in the market value due to the effects of the public project. Fair market value includes both the property’s value before and after the eminent domain is enacted. The amount of compensation may also include reasonable relocation expenses if you are required to move. The amount of compensation you can receive must also take into account other factors such as the cost of repair damages or lost profits due to the eminent domain project. The government or public entity that initiates the eminent domain action is responsible for paying for any damages that are incurred due to the project. Finally, the amount of compensation you receive may also be subject to state and local laws that limit the amount of compensation. For instance, the California Constitution limits the amount of money a state or public entity can pay for any eminent domain activity. Ultimately, the amount of compensation you can receive is often determined by a court judgment.

Related FAQs

Can I receive payment for relocation costs?
What are my rights under eminent domain law?
What is the difference between a public use and a public necessity?
How do I determine the fair market value of my property?
What is the difference between just compensation and fair market value?
What is the timeline for payment of compensation for a taking?
What is the difference between the amount of compensation I am entitled to receive and the actual amount I receive?
What are the different types of compensation available?
How do I prepare for an eminent domain proceeding?
Does eminent domain apply to renewable energy projects?

Related Blog Posts

What is Eminent Domain Law and How Does it Impact Property Owners? - July 31, 2023
Understanding the Eminent Domain Process: A Step-by-Step Guide - August 7, 2023
Defending Your Rights as a Property Owner in Eminent Domain Cases - August 14, 2023
The Valuation Process in Eminent Domain Proceedings - August 21, 2023
The Controversy Surrounding Eminent Domain Law - August 28, 2023