What are the different forms of compensation available for a taking?

In Nebraska, if your property has been taken by the government using eminent domain law, you are entitled to compensation for the taking. Generally speaking, the form of compensation depends on the type of taking and whether the taking occurred in urban or rural areas. If the taking is for public use such as building highways, bridges, public parks, and schools, then the compensation is typically either market value or a combination of market value and special benefits. Market value is the fair market value of the property if it were to be sold on the open market. Special benefits are payments for reimbursement for certain costs or damages such as moving expenses, or increased taxes as a result of the taking. If the taking is in an urban area, the compensation may also include replacement housing or sanctuary allowances. These forms of compensation are designed to help those who were displaced find a new place to live. Replacement housing would provide compensation for the actual cost of finding a new place to live, while sanctuary allowances can provide funds to help cover the cost of transportation and any other expenses involved with relocating. Lastly, in some instances, the landowner may be able to receive a non-cash award based on what the taking is for, such as a new school or park. This type of compensation may come in the form of a certificate or plaque as a way to honor the landowner and recognize their contribution to the public good. No matter the type of taking, all forms of compensation must be determined and documented by the government before the landowner can agree to the taking. This ensures that all parties are adequately compensated for the taking and any damages that may have been incurred.

Related FAQs

What is the timeline of the eminent domain process?
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