Eminent domain in California involves private property being bought by a public entity. Having the intent to use the purchased property for public use is another factor of eminent domain. Every case is different, but the idea of a government agency buying up real...
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Eminent Domain
Types of eminent domain in California
Eminent domain allows federal and state authorities to take property belonging to individuals or businesses for public works, such as taking land to build a highway. The government is required to offer the property owner a "market fair price," which can be negotiated....
How does inverse condemnation work?
Imagine a situation where a government forces a private property owner to give up their land for public use, but the government doesn't pay the fair market value for it. In some cases, this is what property owners in California go through. What happens in such...
Court rules county violated state law in eminent domain case
A California county that tried to obtain three landfill sites through eminent domain has been rebuked by the courts. In February 2020, a Superior Court judge ruled that Inyo County violated the provisions of the California Environmental Quality Act because it did not...
Why should a state enact eminent domain?
An eminent domain that is enacted in California is the right to take private property and use it for public use. As long as it benefits the community, this action is legal if it's approved by the state legislature. What is eminent domain? Eminent domain is the legal...
Eminent domain: Considerations when valuing a property
Residents of Irvine and other areas of California may want to learn more about valuing a property when it is being taken by the government. The Fifth Amendment gives you the right to "just compensation." According to GokceCapital, landowners should know their rights....
Land that was wrongly seized will be returned
Eminent domain is a governmental power that has often been abused by authorities in California and around the country when they have a vision for a specific property. Eminent domain can be implemented when absolutely necessary to complete a pressing project as long as...
Do eminent domain laws protect the greater public?
A decision by the Supreme Court to repossess public land for a gas pipeline has ignited a new debate. While most people do not like to see good land ruined by pipeline installations, some argue that it may be necessary for the good of society. Eminent domain is the...
Eminent domain and union rights in California
Farms in California produce much of the food eaten by Americans. Over the years, the treatment of farm workers in California has come under scrutiny because they often work long hours for very little money. Decades ago, Cesar Chavez's movement made gains for union...
Just compensation factors when it comes to eminent domain
When it comes to having property seized by eminent domain, a series of court decisions have ruled that an owner of a property must be provided "just compensation" for his or her property. However, the factors that determine just compensation tend to vary from state to...