Eminent domain is the government's right to seize the property of a private-owning individual or organization with just compensation. The powers of each state government are protected under the Fifth Amendment of the U.S. Constitution. There are three common types of...
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Eminent Domain
What are “eminent domain” and “fair compensation?”
The government often starts large projects, some of which require the use of someone's private property. For example, a new highway or hospital project would likely take up a lot of space and require purchasing neighboring lots. When this happens, it's required by law...
Legislation potentially increases eminent domain activity
President Biden signed the $1.2 Trillion Infrastructure Investment and Jobs Act into law in November 2021. The act has $550 billion set for new federal infrastructure spending. New money for infrastructure is good, but unprepared businesses could get hurt in...
Iconic train line may be impacted by eminent domain
Discussions about railbanking have been met with much controversy from Roaring Camp residents. This an iconic California train line that is highly significant to the locals and tourists alike, and the planned talks about this Rails-to-Trails practice has many people...
Bruce’s Beach spotlights importance of property rights
In California, as in other states, the issue of eminent domain is an area of conflict between the government and property owners. While most eminent domain cases settle without issue, some become bigger clashes that highlight the potential for injustice in the...
Overview of eminent domain
If you live in California, you may benefit from learning more about eminent domain. The term eminent domain refers to the government's power to take private property and convert it to public use. The Fifth Amendment of the U.S. Constitution states that the government...
An unusual eminent domain case
Have you ever ridden the Skunk Train? Residents of Irvine and other nearby areas of California might want to learn more about a case in Northern California that has stirred the pot. With consideration that public utilities, such as railroads, have eminent domain...
Public bike path will be expanded through private properties
The government is expanding bicycle pathways in some areas of California by invoking eminent domain. On Nov. 30, the Los Angeles City Council voted unanimously to expand a bicycle pathway that will require the seizure of private property. Property owners object At the...
Eminent domain for BART station
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...
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....