HANDBOOK CONTENTS I The Power of Eminent Domain II The Eminent Domain Process III Just Compenation • What is "just compensation"? • Who is entitled to just compensation? • What is "fair market value"? • As of what date will my property be valued? • What happens if the property is rented - who gets the compensation? • What if only part of my property is taken? • What about improvements - is compensation paid for these? • Are business losses compensated? • Is there anything I need to do to protect my right to seek business losses? • Am I entitled to interest? • How much will this cost, and am I entitled to recover my expenses from the government? IV Retaining an Attorney
	THE CALIFORNIA EMINENT DOMAIN HANDBOOK Chapter III: Just Compensation What is "just compensation"? The Fifth Amendment of the United States Constitution provides that private property may not be taken for a public use without payment of "just compensation." Similarly, article I section 19 of the California Constitution provides that private property may not be taken or damaged by the government unless it pays "just compensation." The items for which a property/business owner may generally attempt to seek just compensation are (1) real property, (2) improvements pertaining to realty (sometimes referred to as fixtures and equipment), and (3) business goodwill. Just compensation for these items is generally the "fair market value" of the item as of a particular date. Each of these items is discussed in further detail in the questions and answers which follow. In addition, occupants may be entitled to relocation benefits which are generally determined separately from just compensation. Under the California Constitution, property and business owners are entitled to have just compensation determined by a jury.
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