Eminent domain in California is a means by which the government takes over property. Despite its necessity in some cases, eminent domain often comes with opposition. A case in Monterey highlights how this process works. The eminent domain case in Monterey Monterey...
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Eminent Domain
What can California property owners do about eminent domain?
Does the federal government want to use your California property for public use? Taking private property for public use is known as eminent domain. Even if you don’t want to sell, it’s legal for the federal government to claim your property in exchange for payment....
Eminent domain and utility projects
Utility companies have to wade through a web of legal protections and bureaucratic red tape before they are able to build lines and facilities in California. This work has only gotten more tedious in recent years. One previously accepted concept, eminent domain, has...
Eminent domain as it related to sports teams
Eminent domain is a legal concept that grants governments the authority to seize private property for public use, provided fair compensation is given to the property owner. Though typically associated with infrastructure development or urban renewal, this...
New freeway project raises eminent domain issues
The issue of eminent domain has historically been a leading cause of controversy in California. This is a principle that involves the state or federal government taking ownership of privately owned land. The land seized must be intended for public use. In addition,...
Tax implications of eminent domain payments
One of the issues that California residents frequently face when discussing eminent domain is whether the payment a property owner or a business owner gets from the government is ordinary income, exempt from taxes, or treated as capital gains. In many cases, the...
AB 1476 may streamline eminent domain corruption
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...
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...