Land Use Law Commons^™

Taking Stock: Why The Supreme Court’S Decision To Apply The Market-Value Standard In Horne Ii Further Complicates The Just Compensation Requirement, Greg Seidner

The University of New Hampshire Law Review

The Fifth Amendment’s Takings Clause does not prevent the federal (or a state) government from taking private property. It merely sets as a condition that the government pay the owner “just compensation” for the taking. Precisely what constitutes just compensation, however, is a tricky matter. One method for determining just compensation is the “market-value” method, which requires the government to pay the owner the property’s market value. But where a taking is only partial, that is, where the government takes only a portion of private property, the property that remains with the owner may see an increase or decrease in …