Pro Tanto

What Is Pro Tanto?

Pro tanto is a Latin phrase that means "just to that degree," and is frequently used to signify partial satisfaction of an actual or likely obligation — frequently as a partial payment — toward a claim stated in a claim.

Seeing Pro Tanto

In the United States, states and the federal government have the right of eminent domain, which permits governments to hold onto land for certain reasons and transfer the title from private to public ownership.

For instance, when the national roadway system was built under President Dwight D. Eisenhower's bearing during the 1950s, numerous homeowners, farmers, and farmers had their property seized in light of the fact that the government required the land to build the interstate expressway system. As compensation, the government paid owners fair market value. In any case, what the government considers just compensation may not be thought of "just" or "fair" by the person whose property is seized.

Pro tanto is commonly utilized in eminent domain cases to portray a partial payment made when the government holds onto something without bias to the candidate's right to bring an action for the full amount that they claim is due. In this way, on the off chance that a neighborhood government paid the owner of a property held onto in an eminent domain case, pro tanto, the landowner would in any case have the option to counter-claim.

With respect to compensation, there is banter concerning what comprises fair recompense for owners of expropriated property. One common definition of "fair market value" is it is the "amount of money which a purchaser willing yet not committed to buy the property would pay, to an owner willing yet not committed to sell it, thinking about everything uses to which the land was adjusted and could in reason be applied."

Pro Tanto in Property Condemnation

An act of eminent domain will now and then consider a property sentenced or unusable due to wellbeing or safety concerns. The censuring authority must provide just compensation (the language comes from the Fifth Amendment in the U.S. Constitution), and the condemnation must be carried out for some public great (like public wellbeing).

In the event that the property owner accept the amount offered deficiently mirrors the property's value, they can pursue the matter in court. Censured property owners could then challenge the legality of the seizure in court, suing for more compensation or the right to keep the property in light of an inability to prove the seizure was in the public interest. Before property seizure, government specialists must initially assess the property. They may then pay a pro tanto award, which the owner can acknowledge without losing the right to sue, or the gatherings can come to a full settlement.

Pro tanto payments are in many cases small compared to the amount the courts eventually award owners of the denounced property.

Features

• Pro tanto alludes to a partial payment made "just to that degree" of a bigger obligation or commitment.
• In eminent domain cases, where a government seizes or censures private property, the owner must be paid just compensation with an initial pro tanto payment.
• Property owners seeking greater compensation over the pro tanto amount might look for remediation in court.