"Eminent Domain" - also called "condemnation" - is the power of local, state or federal government agencies to take private property for "public use" so long as the government pays "just compensation." The government can exercise its power of eminent domain even if the owner does not wish to sell his or her property. The power of eminent domain is very broad, but does have its limits. The power of the taking must be limited to situations where it will provide for a "Public use" which has generally been defined as anything with a public benefits such as churches, schools, roads, hospitals, etc. In addition the power of eminent domain is limited in the fact that the government must pay "Just Compensation" for the taking.

The Fifth Amendment of the United States Constitution provides that private property may not be taken for a public use without payment of "just compensation." Similarly, article I section 19 of the California Constitution provides that private property may not be taken or damaged by the government unless it pays "just compensation."

The items for which a property/business owner may generally attempt to seek just compensation are (1) real property, (2) improvements pertaining to realty (sometimes referred to as fixtures and equipment), and (3) business goodwill. Just compensation for these items is generally the "fair market value" of the item as of a particular date. Each of these items is discussed in further detail in the questions and answers which follow. In addition, occupants may be entitled to relocation benefits which are generally determined separately from just compensation.

Under the California Constitution, property and business owners are entitled to have just compensation determined by a jury.

The court should rule for XXXXX XXXXX based on the facts above for two reasons: 1) it is uncertain that this taking was for a public purpose. Although schools are generally considered a public purpose, here the facts state that it is a private school and thus this is arguable. 2) The government was likely not providing Mrs. Smith with Just Compensation for her home. Although the facts state that the home was not in the best condition and in a bad neighborhood....It is the year 2002 in the facts and I find it hard to believe that $12,000 is really the fair market value. Source: http://www.eminentdomainlaw.net/compensation.php

I hope this helps although I see you needed it by 8pm. Please let me know if you need more assistance and feel free to seek me out in the future for your legal requests.