Right to Just Compensation for Services and Property Flashcards
Compensation for Taking of Property
Similar to Federal rule
IN does not require that the amount of compensation be determined and payment tendered before a taking can occur
IN requires an effort to purchase property be made before exercising eminent domain
Compensation for Demand of Particular Services: Limited to Particular Services
Limited to particular services, and not general services
General services = services that do not interfere with a person’s ability to earn a living
Compensation for Demand of Particular Services: Demand
Services have been demanded when a request is accompanied by the threat or the use of physical force or legal process, which creates in the citizen a reasonable belief that they are not free to refuse the request
Computation of Just Compensation: Taking of Property
Extrinsic Benefit Test
The amount of benefit enjoyed by the affected person must be taken into account
When only a portion of a person’s property is taken, the computation of just compensation requires that the fair market value of the property taken be increased by any damage to remaining property as a result of the taking, and reduced by any benefit accruing to the remaining property
Computation of Just Compensation: Demand of Particular Services
(Extrinsic Benefit Test)
The amount of benefit enjoyed by the affected person must be taken into account
When a person’s services are demanded, the value of any benefits conferred on the person reduce the amount due to the person
