State governments can have a lot of power when it comes to property rights. One way this power is exercised is through the use of the eminent domain. What does eminent domain mean? Eminent domain is the power of the government to take private property for public use....
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Eminent Domain
Challenging eminent domain
California law indicates that if a property owner does not agree to give up their property for government use they can object by challenging eminent domain. The property owner is entitled to a fair hearing and could receive a settlement depending on the judge's...
Understanding eminent domain, condemnation, and inverse condemnation
The prospect of losing land in California is always a matter of controversy. This type of seizure can happen for many reasons. It can also take a number of forms. In many cases, a seizure may take the form of eminent domain, followed by condemnation, or inverse...
How eminent domain affects your property values
A hotly contested California water pipeline project in San Diego became more complicated in May 2021 when East County officials moved to take the East Mission Gorge Pump Station in Santee by eminent domain, citing that property is all the project needs for completion....
Common types of eminent domain cases
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...
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...