what is just compensation 
just compensation refers to the compensation individuals receive when their property gets seized by the government for public use for example when the national highway system was constructed in the 1950s many homeowners had their property seized because the government needed the land to build the interstate highway system the just compensation remedy is provided by the fifth amendment s takings clause and is usually considered to be fair market value 1 however what the government considers just compensation may not be regarded as just by the person whose property is seized the government s ability to take private property for public use is called eminent domain understanding just compensationthe idea behind just compensation is to repair the individual s estate as if the property taking did not occur this means paying the fair market value for the property however individuals who lose their homes through an act of eminent domain may not consider the fair market value of the property to be just compensation for their loss because it does not take into account the time stress and cost of moving to a new property just compensation also fails to consider the loss of neighborhood social ties or the emotional connection the owner may have to the property fair value is often disputed in eminent domain cases factors of just compensation