Can I receive compensation for emotional distress?

In Nebraska, the answer to whether a property owner can receive compensation for emotional distress due to eminent domain law depends on the situation. Generally, compensation for emotional distress from eminent domain is only available to those whose property is taken from them. In some rare cases, however, those who are adjacent to the property may be eligible for compensation if they can prove that they suffered emotional distress as a result. For those whose property is taken from them, Nebraska law states that compensation must be awarded for emotional distress if it is found to be a direct result of the taking of the property. In order to be eligible for this compensation, an individual must show that they were actually and substantially injured, either mentally or emotionally, by the taking of their property. It is also necessary to show that the injury was foreseeable and that the defendant had knowledge of the injury at the time that it occurred. Additionally, the individual must show that they have suffered more than just nominal or minor emotional distress. It is important to note that in these cases, the injury must be the result of the taking of the property and cannot be simply related to the loss of property. Finally, as will all other compensation awards, the amount awarded will depend on a variety of factors such as the nature and extent of the injury, the type of property taken, and the length of time the individual was affected by the taking.

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