How is the compensation for land taken under eminent domain described?

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Compensation for land taken under eminent domain is referred to as just compensation. This term is rooted in the Fifth Amendment of the United States Constitution, which mandates that private property shall not be taken for public use without compensation. The intent behind just compensation is to ensure that property owners are fairly compensated for the loss of their property, reflecting its market value.

In practice, just compensation often requires an assessment of the fair market value of the property at the time of the taking. This means evaluating what a willing buyer would pay a willing seller in an open market transaction. Just compensation aims to put the property owner in a financially equivalent position prior to the taking, thereby ensuring fairness in the process.

Other terms like symbolic compensation, market value compensation, or negotiated compensation do not capture the legal and constitutional principle that underpins eminent domain. Symbolic compensation might imply a minimal or token amount, while market value compensation lacks the specific legal emphasis on fairness and equity inherent in the term "just compensation." Negotiated compensation, while a potential avenue for determining payment, does not reflect the required standard set by the Constitution when the government takes property against the owner's will for public use.

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