Court of the
Johnson, pp. 865-867
Facts: The government instituted eminent
domain proceedings against a landfill belonging to the city of
Issue: Is just compensation in this case properly measured by the cost of a reasonable substitute landfill or by the fair market value of the condemned facility?
Rule: Just compensation is generally measured by fair market value.
Analysis: The Court declines to make an exception to the rule here. It was not difficult to establish a fair market value for the condemned facility, therefore it wasn’t necessary to substitute a different measure of just compensation.
The Court emphasizes that the language of the Constitution doesn’t limit just compensation to strictly private condemnees but also to public entities at the state and local level.
The Court also emphasizes that the standard for just compensation is objective, not subjective, and doesn’t vary by whether the condemnee is a private owner or a public entity.
Conclusion: The Court of Appeals is reversed and the decision of the District Court is reinstated.