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 estate holdings for the benefit of the public.
However, not every proposed project technically meets the standard necessary for condemnation rules to apply. Sometimes, corruption or unchecked enthusiasm about the prospective benefits of a project might lead to local officials signing off on a project that does not actually meet statutory requirements for condemnation.
What types of projects may justify eminent domain proceedings intended to force the sale of real property held by private parties?
1. Transportation projects
The need for transportation infrastructure is a common reason for eminent domain claims against real property. Perhaps the California Department of Transportation needs to expand an existing highway to add more lanes.
Maybe there is a plan to completely rework a busy intersection that sees many collisions. The Department of Transportation and businesses working for the agency may have legal justification to condemn properties to acquire land for roadway expansion or improvement projects.
2. Utility projects
Utility infrastructure helps deliver energy, fuel and other key resources to businesses and individual homes. As demands on infrastructure increase, lawmakers may approve projects intended to increase the reliability of supply or reach people in more rural areas.
Utility expansion projects can range from the installation of power lines and energy generation facilities to new sewer systems and water treatment plants. Typically, utility projects fall under the legal protection of projects for public benefit and may lead to condemnation proceedings.
3. Creating, improving or expanding parks
California boasts beautiful state and local parks. Some parks offer playgrounds or skateboarding facilities. Other parks may have exercise equipment, hiking trails or fenced areas where dogs can run free.
Parks help protect the health of community members and give them access to outdoor spaces in a safe and equitable manner. Projects intended to create new parks, renovate existing ones or expand park spaces may lead to eminent domain claims against real property.
Homeowners, investors and businesses may need to prepare in advance to respond to eminent domain claims when there is a large project proposed nearby. Property owners facing eminent domain claims can sometimes defend their properties by proving the project is not for public benefit. Other times, they can request additional compensation. Reviewing the circumstances surrounding a possible condemnation case can help property owners plan the best path forward.