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Why should a state enact eminent domain?

On Behalf of | Sep 13, 2021 | 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 right of a government to seize an individual’s or company’s private property and convert it for public use. This does not involve the legal transfer of property from one private owner to another for private use. In addition to the state government, other types of entities that are authorized to enact eminent domain include municipalities, corporations, business owners, and private individuals in rare cases.

The main reasons for eminent domain

The main reason for enacting eminent domain is to serve a greater public purpose. Private property is often taken when the city runs out of space for the construction. In some cases, the property is demolished and the land is cleared to construct new buildings, roads, or other structures.

The taking of private property is usually permitted if the new owner agrees to develop it in a way that increases revenue for the government. First, the prospective owner must obtain a resolution of necessity to determine if the property is needed for the public good. The property must provide the greatest benefits to the public with the least amount of detriment.

When eminent domain is necessary

Taking over another’s property is legal if it’s used for the greater good. However, any attempt to seize property can be challenged in a court of law. The prospective owner must follow the state’s basic requirements for acquiring property in California by using this method.