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Understand

What compensation covers, and what it deliberately does not

The standard is that you should be no worse off financially than if the property had not been taken. That principle explains both what is paid and what is refused, including things that feel like obvious losses.

The boundary

Paid and not paid

ItemTreatment
Land and buildings takenPaid, at fair market value
Loss in value to the remainderPaid, as severance damages
Fences, paving, wells, septic, mature plantingPaid, and routinely understated
Temporary construction areasPaid, usually as rent for the period plus restoration
Moving and relocation expensesSeparate statutory programme, not part of the valuation
Business goodwillExcluded in most states, compensated by statute in a few
Lost profitsGenerally excluded, with narrow state exceptions
Sentimental valueExcluded everywhere
Legal and appraisal feesUsually borne by each side; recoverable in some states on conditions

The most missed item

Damage to what you keep

If part of your property is taken, the rest is often worth less than it was: closer to a road, harder to get into, short of parking, cut in two, or no longer large enough for what it was used for. That loss has a name, severance damages, and it is part of compensation.

It is also the item most often absent from an agency offer. The test is simple. Does the appraisal state a value for the whole property before the taking and a separate value for the remainder afterwards? If it does not, severance damages cannot be in the figure, because the method that captures them was not applied.

The second most missed item is relocation assistance, which is a separate programme with its own benefits and its own deadlines. Tenants in particular often do not know it exists.

Questions about compensation

Is fair market value what I think my property is worth

Not necessarily. It is what the market would have paid, under a definition that excludes value specific to you. The gap is normal and it is not evidence of bad faith.

Do I get paid for the disruption

Not as part of the valuation. The relocation programme covers defined moving and reestablishment costs. General inconvenience is not compensable anywhere.

They are taking a strip and paying per square foot

Reasonable for the land itself. It cannot capture damage to the rest of the property, and where the remainder is affected the before and after method is the correct one.

Do I get interest

In most states, from the date of taking or deposit until payment, at a rate set by statute or the court.

Find the site that answers your question properly

This is a starting point. The detailed answers live on the sites built for each question, and on the site for your state.

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