California has seen massive expansion in recent decades. Infrastructure projects are constantly in development to improve transportation safety and provide other key public services. Some of those projects require real estate that currently belongs to private...
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Eminent Domain
Eminent domain and utility projects: What you need to know
Have you ever wondered about the power utility companies have to acquire private property for their projects? This process, known as eminent domain, is crucial in developing utility infrastructure. As a property owner, it is important to understand how eminent domain...
Balancing public interest and property rights in land use regulations
Property owners often encounter the intricacies of land use regulations. These rules set by local and state governments control how lands can be used. They influence where homes, businesses, parks and roads are built, promoting orderly development in the vicinity....
Can the California government take your land for an environmental project?
While it is common to hear about the government seizing land for road projects, you might wonder if the same can happen for environmental conservation or similar projects. If you have the same question, the short answer is yes. Understanding eminent domains Eminent...
Eminent domain is not the same as condemnation in California
If you’re a California resident, you’ll be pleased to know that the state takes property rights seriously. That said, you should know that the government reserves the authority to claim private properties for public use. This risk comes with crucial distinctions:...
Defining “just compensation”
California has been the site of numerous significant public works projects over the years. In those instances, the government sometimes invokes eminent domain to acquire land for those endeavors. Eminent domain refers to the government's right to seize private...
Is the government offering a good deal for my property?
In California, the government has the right to recover a piece of private land for public-serving projects – this is known as eminent domain. They can force the sale of land for projects such as, but not limited to, road widening, freeway construction, green...
Eminent domain vs. inverse condemnation
If the government wants to take your California home through an eminent domain claim, it must provide just compensation. However, in some cases, the government may owe you money based on actions that might rise to the level of an inverse condemnation. The burden of...
Challenging a proposed eminent domain taking
The Fifth Amendment’s Takings Clause requires state and federal government entities to provide property owners in California and around the country with just compensation when they exercise their eminent domain powers. Government entities are also required to...
How can eminent domain affect you?
The Fifth Amendment establishes a government's right to take private land if needed for public use. The landowner is entitled to receive fair market value plus damages for the property. In California, public utilities, redevelopment agencies and federal, state, county...