HANDBOOK CONTENTS I The Power of Eminent Domain II The Eminent Domain Process III Just Compensation • 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 about improvements - is compensation paid for these? Owners are entitled to compensation not only for their property, but also for "improvements pertaining to realty." These improvements can be anything from pavement and fencing to furniture and machinery, depending upon the facts of a particular case. The government is required to pay the fair market value "in place" of such improvements. Value "in place" generally means the value of the improvements as part of a going concern, as opposed to salvage value or replacement cost. The fair market value of improvements pertaining to realty is generally determined through obtaining appraisal reports. Ultimately, the jury decides value if the parties cannot reach settlement prior to trial.
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