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 from this process.
Religious properties
Places of worship are not completely immune from eminent domain, but they are safeguarded under both state and federal law. Any attempt to take church-owned land must meet strict scrutiny. The government must show a compelling reason for the taking and prove that there are no reasonable alternatives. Courts in California often favor preserving religious use where possible.
Cemeteries and burial grounds
Land used for burials is generally protected. California law makes it difficult for public agencies to condemn cemeteries or burial plots. If a public project involves cemetery land, additional legal steps are required. The agency must show that no other practical option exists and that the public benefit clearly outweighs the impact.
Environmental and historic sites
Land with environmental importance or historic status may be off-limits or heavily restricted. Properties listed under state or federal preservation programs must be reviewed before any eminent domain action can move forward. These reviews can lead to delays or stop the process altogether.
While the state does allow private land to be taken for public use, it also puts limits in place. Religious buildings, cemeteries and protected natural or historic areas often cannot be taken without meeting higher legal standards. Seeking legal guidance will help you learn more about this complex area of the law.