Eminent domain compensation in the Western states: a critique of the fair market value model

Both the United States Constitution and the constitutions of the states of the intermountain west and the Pacific Coast prohibit the state from taking property without paying just compensation. Thus, there are two basic issues in any eminent domain case. First, has governmental interference with property become extensive enough to constitute a taking that requires compensation? Second, how much and what kind of compensation ought to be paid? Much has been written on the first issue, but the second has received very little attention. This article is an attempt to remedy the gap with respect to eminent domain compensation in the western states.