What is the standard of review for an eminent domain case?

In Maryland, the standard of review for an eminent domain case is the “fair market value” standard. This standard is used to determine the amount of compensation a property owner is entitled to when the government takes possession of a property. The fair market value standard is based on the concept that the property owner should be compensated for the fair market value of his property at the time of the taking. This means that the property owner should be paid the price that a willing buyer would pay a willing seller in an open market. The government is not allowed to gain an advantage over the property owner by taking the property at a below-market rate. The fair market value is determined by assessing various factors, such as the condition of the property, its location, and other similar properties in the area. The court will weigh these factors to determine the fair market value of the property. Judges may also call upon expert witnesses to testify regarding the fair market value of the property in question. The fair market value assessment typically takes place in a court of law. The judge or jury will listen to both the property owner and the government’s arguments regarding the fair market value of the property. Ultimately, the judge or jury will decide on the appropriate amount of compensation the property owner should receive from the government.

Related FAQs

How do I prepare for an eminent domain proceeding?
What are the different types of compensation available?
What is the difference between the amount of compensation I am entitled to receive and the actual amount I receive?
What are the rights of the property owner during an eminent domain proceeding?
Are there any restrictions on the use of eminent domain power?
What is the difference between eminent domain and inverse condemnation?
What is an eminent domain action?
What is the difference between a public use and a public interest?
What is the difference between a public use and a public necessity?
What is the difference between condemnation and a regulatory taking?

What is the standard of review for an eminent domain case?

Related FAQs

Related Blog Posts