what is expropriation 
expropriation is the act of a government claiming privately owned property against the wishes of the owners ostensibly to be used for the benefit of the overall public in the united states properties are most often expropriated in order to build highways railroads airports or other infrastructure projects the property owner must be paid for the seizure since the fifth amendment to the constitution states that private property cannot be expropriated for public use without just compensation 1understanding expropriationin the united states a doctrine known as eminent domain provides the legal foundation for expropriation u s courts have accepted the doctrine as a government power suggesting it is implied by the fifth amendment clause covering compensation under this rationale the amendment s statement that property cannot be expropriated without proper compensation implies that property can in fact be taken 1governments have the power to take private property for fair market value compensation through the doctrine of eminent domain some fees and interest may be payable to the former owner s in some jurisdictions governments are required to extend an offer to purchase the subject property before resorting to the use of eminent domain if and when it is expropriated property is seized through condemnation proceedings a use of the term that is not to be confused with property that is in disrepair owners can challenge the legality of the seizure and settle the matter of fair market value used for compensation 1another main justification for expropriation comes from the area of public health it is generally recognized that events that threaten public health such as toxic environmental contamination of an area justify the government acting to relocate the affected population in the area and part of that action may logically entail the government expropriating the property of the relocated residents government expropriation is widely found around the world generally accompanied by agreement that owners should receive appropriate compensation for the property they lose the few exceptions to agreement on just compensation are primarily in communist or socialist countries where a government may expropriate not just land but domestic or foreign businesses that have a presence in the country expropriation raises justifiable concerns ranging from the acceptable reasons for expropriation to the process for recourse and the scope and amount of fair compensation with regard to compensation there is debate as to what constitutes fair recompense for owners of expropriated property in cases spanning five decades from the 1930s to the 1980s the u s supreme court has repeatedly acknowledged that the definition of fair market value can fall short of what sellers may demand and possibly receive in voluntary transactions 2consequently in eminent domain cases the standard is often not the most probable price but the highest price obtainable in a voluntary sale transaction involving the subject property since the condemnation deprives the owner of the opportunity to take their time to obtain the optimal price the market might yield the law provides it by defining fair market value as the highest price the property would bring in the open market inconsistency and controversy also prevail over property owners who are compensated for their property the inconvenience of being required to relocate and the expense and possible business loss of doing so these costs are not included in the concept of fair market value but some are compensable in part by statutes such as the federal uniform relocation assistance and real property acquisition policies act code of federal regulations 49 and its state counterparts 3attorneys and appraisers fees the property owner incurs may also be recoverable by statute and in california and new york an award of such fees is at the court s discretion under certain conditions 