What is the test for just compensation in an eminent domain action?

California, United States of America


The following excerpt is from San Bernardino County Flood Control Dist. v. Grabowski, 205 Cal.App.3d 885, 252 Cal.Rptr. 676 (Cal. App. 1988):

In an eminent domain action such as this one, where the condemnor takes possession of the condemnee's property some period of time before payment is made for the acquisition, the constitutionally-mandated measure of payment, "just compensation," includes an element of interest. (Redevelopment Agency v. Gilmore (1985) 38 Cal.3d 790, 797, 214 Cal.Rptr. 904, 700 P.2d 794.) The interest is intended to compensate the condemnee for its loss of the use of the money due as compensation for the acquisition of the property for that period of time between loss of possession and receipt of payment. (Id., at 790, 214 Cal.Rptr. 904, 700 P.2d 794.)

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