In California, government agencies have the power to take private property for public use through eminent domain. When this happens, the property owner must receive “just compensation.” This often leads to disputes over how much the property is worth. One of the...
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Eminent Domain
What qualifies as ‘public use’ in eminent domain?
When the government takes private property under eminent domain, it must do so for "public use." But what does that really mean? The answer has changed over time and depends on how courts interpret the law. Traditional meanings of public use Traditionally, public use...
3 factors that can impact property value in eminent domain cases
When homeowners face eminent domain claims, they generally have few options available to them. Eminent domain laws in California allow government entities and organizations approved for public projects to acquire real property that previously belonged to individuals...
What if I don’t want to sell my property to eminent domain?
Eminent domain allows the government to acquire private property for public use. Property owners like you are often at the receiving end of these proceedings. The property you cherish now, under eminent domain, may only remain yours for a limited time until you're no...
How long do you have when facing eminent domain?
Have you just received a government letter about taking your shop? Do not panic. That notice does not mean immediate eviction, and you have more time than you might think. Initial notice period: Your first 30 days When you receive a Notice of Intent to Acquire, do not...
How the Ontario Ave/I-15 project could impact your property
The Ontario Avenue / Interstate 15 Multimodal Corridor Enhancement Project in Riverside County aims to improve traffic flow and make it safer and more connected. If you own property in the area, you might worry about how this project will affect your land. ...
Impact of SR-55 expansion on local property owners: A closer look
The Orange County Transportation Authority (OCTA) greatly expands State Route 55 (SR-55). These changes will make traffic flow better and safer, but they will also test local property owners affected by eminent domain actions. If your property is in the way of these...
When an eminent domain offer falls short of just compensation
Real property rights are not absolute. Eminent domain laws limit the ownership rights of those who buy real property by giving the government the power to compel property sales. If there is a significant project for public benefit, people may have no choice but to...
Untangling eminent domain and mineral rights
The area around Southern California, including parts of Riverside and San Bernardino, is historically known for its rich mining diversity, especially for minerals such as gold, silver, copper and other rare earth elements. So, it will come as no surprise if you...
Does the right of first refusal apply in eminent domain?
When the government exercises its power of eminent domain, property owners may feel a sense of loss and powerlessness. Eminent domain often raises questions about property rights and the potential for owners to reclaim their land. One concept California property may...