Property ownership rights are not absolute. There are numerous scenarios in which those who own real estate could lose their holdings. Another party might claim to have an interest in the property and initiate title litigation against the home.
Lenders can foreclose on real property when owners fall behind on mortgages. Government entities, utility companies and other businesses could also seek to acquire real property through eminent domain.
California state statutes allow for the compelled sale of real property in certain circumstances. Property owners who received an offer for an eminent domain sale or notice of a condemnation hearing in court may want to protect their real estate holdings.
What rights do property owners have when facing eminent domain claims?
The right to challenge the acquisition
Generally speaking, eminent domain rules only apply in scenarios where the land is necessary for a project that benefits the public. Highway expansions, new utility infrastructure and even projects for public parks could justify the acquisition of privately-held real estate through eminent domain proceedings.
Those seeking to defend their holdings have the right to initiate litigation and challenge the claim that the project is truly for public benefit. A successful challenge could lead to the retention of the property.
The right to reasonable compensation
Government entities and private organizations working on public projects cannot simply seize real estate from owners for projects. They have to purchase the property. Typically, property owners have a right to just compensation for their properties.
The amount offered initially might be unreasonably low given the current fair market value of the land and any improvements erected on it. Property owners can litigate to counter the amount offered for the sale of the property.
Occasionally, property owners may have other options available to them as well. Some owners could question the need to acquire their parcel and could propose alternate arrangements that allow them to retain their property. Other times, property owners may be able to request the division of a large parcel so that they only lose a portion of their property to the eminent domain sale.
Reviewing the details of a planned project and the property with a legal professional can help people plan the best strategy. Property owners have rights during eminent domain proceedings, but they may need support to understand and assert those rights, and that’s okay.