A California property owner's land is taken by the state through eminent domain to build a new highway. Under the California Constitution, the owner is entitled to receive:
Correct Answer
D) Just compensation, which is typically the fair market value of the property
Under the California Constitution Article I, Section 19, property taken through eminent domain requires the payment of 'just compensation.' Courts have consistently interpreted just compensation as the fair market value of the property at the time of the taking — the price a willing buyer would pay a willing seller in an arm's-length transaction.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
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