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But in eminent domain cases, fair market value is defined as the highest price obtainable in the open market with the value not being influenced by the imminence of the eminent domain taking. In other words, the property must be valued as if the project for which it is being taken did not exist — this is known as the "project influence" doctrine.
The Takings Clause does not provide a definition for just compensation, but American courts have held that the preferred measure of "just compensation" is "fair market value," i.e., the price that a willing but unpressured buyer would pay a willing but unpressured seller in a voluntary transaction, with both parties fully informed of the ...
Eminent domain [a], ... The constitutionally required "just compensation" in partial takings is usually measured by fair market value of the part taken, plus ...
A home's fair market value is, in a nutshell, the price that a buyer would pay a seller in an open market. Many factors go into determining it, including location, size, age, condition and the ...
House Bill 2053 would allow landowners along the border to get a state tax credit for the “fair market value” for the amount of a parcel of land that is sold to the federal government.
Under eminent domain, the city or county would be required to pay those investors "fair value" for the seized mortgages. So Mortgage Resolution Partners would find private investors to fund that ...
The Uniform Relocation Assistance and Real Property Acquisition Policies Act (1970) ("URA") was passed by the U.S. federal government in 1970. It was intended to ensure fair compensation and assistance for those whose property was compulsorily acquired for public use under eminent domain law.
The Brewers received a 30-day notice to vacate their home back in 2018 after it was seized by the state through eminent domain — which is when governments take over private property for public use.