Can I receive compensation for emotional distress?

In California, typically, you will not receive compensation for emotional distress caused by government actions related to Eminent Domain Law. Eminent Domain Law is when the government has the right to take private property for public use. The government is allowed to use the property as long as they are willing to pay the owner a fair market value. The only time where a person might receive compensation for emotional distress is when they can show that the taking of their property was illegal or done in bad faith. It is very difficult to prove that the government took your property illegally. This is because the government has broad powers in taking private property for public use. The government is not required to pay for emotional distress related to the taking of your property. However, the government is required to make a fair valuation of the property so that the homeowner can be compensated fairly for the loss of their home. In cases where a homeowner can prove bad faith by the government, then the homeowner may be able to get compensation for mental anguish. This would involve proving that the government was in some way negligent or that the government was using Eminent Domain Law as a way to take advantage of the homeowner. In some cases, the owner of the property may be able to sue the government for more than just compensation for the loss of the property. This would be a difficult case to win and usually requires an experienced lawyer to represent your case.

Related FAQs

What should I do if my property has been taken?
What are the rights of a tenant when a landlord’s property is taken?
What is the eminent domain process?
Can I challenge the public use of eminent domain?
What is the procedure for resolving a dispute over compensation?
What are the limits of eminent domain power?
Who is protected under eminent domain law?
Are there any restrictions on the amount of compensation I can receive?
What are the different forms of compensation available for a taking?
How can I challenge the public use of the property taken through eminent domain?

Can I receive compensation for emotional distress?

Related FAQs

Related Blog Posts