Source: NCSU COOPERATIVE EXTENSION, 4/20/21


The Fourth Circuit Court of Appeals recently affirmed an appraiser’s accounting of future use in establishing the value of a tract of real property “taken” by the government for public use. The case also illustrates the operation of the Equal Access to Justice Act (EAJA) in awarding attorneys fees and costs of condemnation to qualified owners of the taken property.

Takings and Speculative Valuation
The US Constitution Fifth Amendment reads “nor shall private property be taken for public use, without just compensation.” When a government body employs its power to take property – called eminent domain – it must pay the landowner value of the property taken. While the use of eminent domain of results in full transfer of title to the property, such power can also be used to place a restriction – in the form of an easement – on the real property’s use that reduces its fair market value.

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