Sentimental Values: Problems of Valuation in the Legal Process of Eminent Domain

The paper presents the notion of sentimental values and problems of their valuation in the legal process of eminent domain. On the basis of theoretical works, the concept of sentimental value of an object is presented, as well as its types and properties. The influence of person’s emotional attachment to his home and place of dwelling on his psychological comfort and physical state has been studied in detail. Also, the place of sentimental values in the process of eminent domain is stated, and questions of just compensation are considered in the paper. The main part of the empirical research was the study of the current situation with the renovation in Moscow. Based on qualitative interviews with residents of Moscow districts and qualitative and quantitative analysis of data from the mass media, sentimental values are found to be very important argument for the residents’ resistance to leave their homes. Comparative analysis and experts’ opinion show that, despite the existence several problems concerning evaluation of sentimental values in the legal process of eminent domain, there are also ways to include them into this process (increase of compensation, rethinking of eminent domain procedure or method by analogy). Based on the findings obtained during the study, it is possible to introduce the concept of sentimental value in the legal system, develop parameters for recording emotional attachment of people to their homes and places of residence. This is a step towards considering the withdrawal process, considering the views of residents and the experts’ community, which will help to maintain a balance of private and public interests and contribute to the adoption of more effective solutions in the sphere of urban planning and development.