Monterey California Legal Blog

What is just compensation?

There are few terms that landowners fear more than eminent domain. Most people understand the basic idea: that the government has the right to take your land for public use.

While the government can do this, as defined in the "taking clause" of the Fifth Amendment, it also ensures that landowners get "just compensation" back for your property. So what does that mean?

When Can the Government Take Your House?

Both federal and state governments have the power to take private property for public use when necessary or beneficial.

Private property includes your house, land, and business. When the government decides to take private property it must only give you, the property owner, "just compensation." (This is stated in the Fifth Amendment and is known as the takings clause.)

Contact

Robert J. Ernst III, Attorney at Law
149 Bonifacio Place
Monterey, CA 93940

Phone: 831-753-6125
Fax: 831-373-2566
Monterey Law Office Map