If you live in California, you may benefit from learning more about eminent domain. The term eminent domain refers to the government's power to take private property and convert it to public use. The Fifth Amendment of the U.S. Constitution states that the government...
Be Represented by a Law Firm That is Well-Established in Eminent Domain Cases
Year: 2021
An unusual eminent domain case
Have you ever ridden the Skunk Train? Residents of Irvine and other nearby areas of California might want to learn more about a case in Northern California that has stirred the pot. With consideration that public utilities, such as railroads, have eminent domain...
Public bike path will be expanded through private properties
The government is expanding bicycle pathways in some areas of California by invoking eminent domain. On Nov. 30, the Los Angeles City Council voted unanimously to expand a bicycle pathway that will require the seizure of private property. Property owners object At the...
Eminent domain for BART station
Eminent domain in California involves private property being bought by a public entity. Having the intent to use the purchased property for public use is another factor of eminent domain. Every case is different, but the idea of a government agency buying up real...
How a seizure differs from a forfeiture
A seizure and a forfeiture sound like the same legal concept but are not. Both types involve the forced repossession of property from an owner. In either case, the constitutional validity can be challenged in a court in California. Every person who owns assets must be...
Types of eminent domain in California
Eminent domain allows federal and state authorities to take property belonging to individuals or businesses for public works, such as taking land to build a highway. The government is required to offer the property owner a "market fair price," which can be negotiated....
How does inverse condemnation work?
Imagine a situation where a government forces a private property owner to give up their land for public use, but the government doesn't pay the fair market value for it. In some cases, this is what property owners in California go through. What happens in such...
Court rules county violated state law in eminent domain case
A California county that tried to obtain three landfill sites through eminent domain has been rebuked by the courts. In February 2020, a Superior Court judge ruled that Inyo County violated the provisions of the California Environmental Quality Act because it did not...
Why use a quiet title action?
Real estate investment can be full of complex legal actions. The title to a real estate property is subject to all kinds of liens and other obstacles that can interfere with proper ownership in California. That's part of the risk of real estate investment, so it's...
Why should a state enact eminent domain?
An eminent domain that is enacted in California is the right to take private property and use it for public use. As long as it benefits the community, this action is legal if it's approved by the state legislature. What is eminent domain? Eminent domain is the legal...