When the government exercises its power of eminent domain, property owners may feel a sense of loss and powerlessness. Eminent domain often raises questions about property rights and the potential for owners to reclaim their land. One concept California property may hope to fall back on is the right of first refusal.
What is the right of first refusal?
The right of first refusal typically refers to the right to purchase a property before it’s offered to other potential buyers. Essentially, it’s like having a “first dibs” option on a piece of property.
If the property owner decides to sell, they must first offer it to the person holding the right of first refusal. This holder can then buy the property at the offered price or pass on the opportunity, allowing the owner to sell to another party.
How eminent domain affects the right of first refusal
Unfortunately, California law does not provide a right of first refusal for original owners to repurchase a property taken through eminent domain. This applies even if the government decides to abandon the public project and sell the land in the future. The government can sell the property to anyone it chooses – without allowing the original property owner to repurchase it.
Although you don’t get the right of first refusal, you may work out an independent agreement with the government or private sector acting on their behalf. A legal professional may help you negotiate better terms in addition to your just compensation.
Navigating the complexities of eminent domain
Eminent domain is a complex issue. Speaking to an experienced eminent domain attorney can help you understand your rights and options moving forward. Even if you do not have an automatic right of first refusal, opportunities may still arise to get your property back.