Eminent domain allows the government to acquire private property for public use. Property owners like you are often at the receiving end of these proceedings. The property you cherish now, under eminent domain, may only remain yours for a limited time until you’re no longer the owner. You’ll see it transformed and repurposed for whatever the government deems necessary for public benefit.
This prospect can be disheartening for many property owners. The question often arises: When approached by eminent domain authorities, what if you don’t want to sell your property in California?
Can you actually refuse?
In California, as in other states, the short answer is no – you cannot outright refuse to sell your property if it’s subject to a valid eminent domain action. The government’s eminent domain power is rooted in the U.S. Constitution and California state law.
However, this doesn’t mean you’re without options. While you can’t simply say “no” to the government’s acquisition, you do have the right to challenge various aspects of the eminent domain process:
- Public use: You can contest whether the proposed project truly serves a public purpose.
- Necessity: You may challenge whether your specific property is necessary for the project.
- Proper procedures: Ensure the government follows all required legal procedures.
- Just compensation: You can dispute the offered amount.
These challenges may not prevent the acquisition altogether. Instead, they often lead to negotiations, potentially resulting in project modifications, higher compensation or, in some cases, the government choosing another property.
The power of just compensation
The government may have the authority to acquire your property through eminent domain, but you’re not left without protection. In California, as in all states, the law requires “just compensation” for any property taken through eminent domain. This means you can receive fair market value for your property.
But what if you believe the offered compensation isn’t truly “just”? This is where your rights as a property owner come into play. You have the option to challenge the government’s valuation of your property. You can present evidence of your property’s true value, considering factors such as:
- Location
- Potential future use
- Any unique features that might increase its worth
- Comparable sales in the area
While you may not be able to refuse outright to sell your property under eminent domain, you do have the power to ensure you’re compensated fairly.