Just compensation

/dʒʌst ˌkɑmpənˈseɪʃən/ noun phrase

Definition

Fair payment required by the Fifth Amendment when government takes private property for public use, typically measured as fair market value at the time of taking. This constitutional requirement ensures property owners are made whole when their land is condemned.

Etymology

From Old French 'juste' (righteous, fair) and Latin 'compensare' (to weigh against). The concept emerged from natural law principles about property rights and was enshrined in the Bill of Rights to prevent government from shifting public burdens to individual property owners.

Kelly Says

Just compensation reflects the fundamental American principle that while government can take your property for roads, schools, or other public needs, it can't make you bear the cost alone—the public that benefits must pay. The challenge lies in determining 'fair market value' for unique properties or when markets are distorted by the very government project requiring the land. Landmark cases have wrestled with whether compensation should include moving costs, lost business goodwill, or emotional attachment to family property.

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