California governor Jerry Brown struck a decisive blow against crony capitalism in 2011. He did this by removing the official redevelopment agencies in the state. This helped to forestall predatory property development for over a decade. However, with the rise of a...
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Eminent Domain
The facts about zoning variances
California municipalities enact zoning laws to maintain property values and to designate specific land areas for parks, commercial, industrial and residential uses. Requests for a zoning exception require the property owner, or potential owner, to submit an...
Calculation of fair market value in eminent domain
Governments and public-serving entities in California have the capacity to force the sale of real estate so that it can be used for a public use. This is known as an eminent domain action. The Fifth Amendment to the U.S. Constitution authorizes government agencies to...
Does eminent domain trump property rights in California?
Owning real estate usually gives people a sense of security. But what recourse do residents of Southern California have when a state or local government exercises the power of eminent domain over their rights as private property owners? What is eminent domain? The...
Resolving a property line dispute before selling your home
A property line dispute can be a significant obstacle for California property owners wishing to sell their homes. If there is a dispute regarding the boundary line of your property, it can lead to legal battles, property devaluation and potentially losing the sale of...
Where do easements and eminent domain intersect?
You might have heard the term eminent domain before and wondered what it means. It refers to the government's power to take private property for public use. This power applies to building roads, schools and public utilities in California. Government limitations...
Facts about eminent domain in California
State governments can have a lot of power when it comes to property rights. One way this power is exercised is through the use of the eminent domain. What does eminent domain mean? Eminent domain is the power of the government to take private property for public use....
Challenging eminent domain
California law indicates that if a property owner does not agree to give up their property for government use they can object by challenging eminent domain. The property owner is entitled to a fair hearing and could receive a settlement depending on the judge's...
Understanding eminent domain, condemnation, and inverse condemnation
The prospect of losing land in California is always a matter of controversy. This type of seizure can happen for many reasons. It can also take a number of forms. In many cases, a seizure may take the form of eminent domain, followed by condemnation, or inverse...
How eminent domain affects your property values
A hotly contested California water pipeline project in San Diego became more complicated in May 2021 when East County officials moved to take the East Mission Gorge Pump Station in Santee by eminent domain, citing that property is all the project needs for completion....