Can I receive compensation for a partial taking?
Yes, you can receive compensation for a partial taking in California. Eminent domain law in California permits the government to acquire partial or whole interests in private property for public purposes, with the requirement that the owner is paid fair market value for the property. The compensation you receive when the government takes a partial interest in your property is referred to as partial taking compensation. Partial taking compensation is usually determined by the government using two methods: fair market value and severance damages. Fair market value is the estimated price a willing buyer would pay a willing seller for the condemned property. On the other hand, severance damages compensate for the decrease in market value of the land not taken due to the condemnation. Your compensation for a partial taking will be determined by the government, but you do have some rights when it comes to requesting fair compensation. You have the right to request a hearing before the government determines the fair market value of your property. At the hearing, you can present evidence to prove that the fair market value of your property is higher or lower than the estimated value. When a partial taking occurs, it is important to understand your rights and the process of receiving compensation. Knowing your rights and the compensation process can help ensure you receive the full amount of compensation you are entitled to in California.
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