Eminent domain is a legal mechanism that allows for the acquisition of private property for public use, provided the land is deemed necessary for a public purpose. For example, to build a new hospital or to widen a highway. A recent report suggests that California...
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Year: 2025
Can all property types be taken through eminent domain?
Eminent domain allows the government to take private property for public use, but this power has limits. In California, certain properties are protected or require special procedures before they can be taken. Below are some key examples of properties often shielded...
3 types of projects that lead to condemnation
Condemnation is the legal process that occurs when the state wants to claim private real property for public use. Under eminent domain statutes, government agencies and businesses hired by them have the legal authority to compel property owners to sell their real...
Is fair market value really fair?
When the government takes your house through eminent domain—or any other type of real estate that you own—they are required to pay you fair market value for the land. You deserve just compensation. The idea is that, while you may technically lose the property, you...
What role does the California Coastal Act play in land use?
The Coastal Act is a foundational piece of legislation that shapes land use along the state’s coastline. Adopted in 1976, the Act's primary goal is to protect California's coastal resources while accommodating reasonable development. It creates a balancing act between...
Why an appraisal can be a strong defense against eminent domain
In California, government agencies have the power to take private property for public use through eminent domain. When this happens, the property owner must receive “just compensation.” This often leads to disputes over how much the property is worth. One of the...
What qualifies as ‘public use’ in eminent domain?
When the government takes private property under eminent domain, it must do so for "public use." But what does that really mean? The answer has changed over time and depends on how courts interpret the law. Traditional meanings of public use Traditionally, public use...
3 factors that can impact property value in eminent domain cases
When homeowners face eminent domain claims, they generally have few options available to them. Eminent domain laws in California allow government entities and organizations approved for public projects to acquire real property that previously belonged to individuals...
How do California courts deal with business fraud cases?
Business fraud reports keep rising in California's courts as more companies move their operations online and expand their partnerships. The state's courts continue to adapt their approach to handle these cases effectively and protect legitimate business interests....
Understanding inverse condemnation in natural disasters
According to the inverse condemnation doctrine, you have the right to take legal action when the government takes or damages your property without an eminent domain process. Filing an inverse condemnation claim is a potential remedy if the government’s actions (or...