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...
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Eminent Domain
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...
Is the government allowed to just take your property?
Whether it's for a new neighborhood or business complex, there are many construction projects taking place throughout California. For some of these projects to get completed, construction must take place where homes or businesses already exist. Here's more information...
Can you challenge an eminent domain claim from the government?
When you receive the notification that the government intends to force you to sell part of your land under eminent domain laws, it can come as quite a shock. You may be wondering if you have any options, or if you will have to give up your property without recourse....
Common Reasons for Eminent Domain Litigation
It generally isn’t until many of us are personally affected by eminent domain that we dedicate much thought to the subject. The prospect of losing a home, farm, or a piece of commercial property through an eminent domain can be a frightening and confusing experience...
What Does Eminent Domain Mean?
Eminent domain is a legal concept with a long history in the United States that stretches back to the Colonial Period. Both before and during the American Revolution, private land was frequently taken by colonial legislatures and the British crown – all without paying...
The History of Eminent Domain & the Fifth Amendment
Examples of eminent domain can be found throughout recorded world history. In the United States, any discussion of how eminent domain law has developed here ordinarily begins with an examination of the Takings Clause of the Fifth Amendment. It says: “nor shall private...
What is Eminent Domain in Real Estate?
Eminent domain has long been an important issue in the field of real estate. That’s because the constitution gives the federal government and all 50 states the authority to take private property for the purpose of benefiting the public. There are, however, two very...