Fair Market Value

Posted & filed under Just Compensation.

The government is required to pay the “fair market value” of the property it acquires by eminent domain. California’s Eminent Domain Law generally defines fair market value as: “The fair market value of the property taken is the highest price on the date of the valuation that would be agreed to by the seller, being… Read more »

People Entitled to Just Compensation

Posted & filed under Just Compensation.

The constitutional requirement of just compensation applies not just to the record owner of the property, but to anyone whose property interest is acquired by the government agency. For example, a business tenant on property to be acquired by eminent domain may be entitled to compensation for the value of his leasehold interest, the value… Read more »

Just Compensation

Posted & filed under Just Compensation.

The Fifth Amendment of the United States Constitution provides that private property may not be taken for a public use without payment of “just compensation.” Similarly, article I section 19 of the California Constitution provides that private property may not be taken or damaged by the government unless it pays “just compensation.” The items for… Read more »

The Government’s Offer…Accept?

Posted & filed under The Eminent Domain Process.

A property owner is not required to accept the condemning agency’s offer. Instead, the property owner may make a counter-offer, or may assert a higher value for his or her property once the eminent domain action is filed in court. Property owners, tenants and business owners often receive higher, and in some cases, much higher… Read more »

Understanding a “Resolution of Necessity”

Posted & filed under The Eminent Domain Process.

A “resolution of necessity” is the government agency’s formal decision to acquire property by eminent domain. It must be adopted before the condemning agency can commence an eminent domain action in court. California Code of Civil Procedure section 1245.230 provides that in order to adopt a resolution of ncessity, the government agency must find (1)… Read more »

General Steps Involved in an Eminent Domain Proceeding

Posted & filed under The Eminent Domain Process.

Generally, when the government wants to take your property by eminent domain, you can expect the government to take some or all of the following steps in about the following order: 1. Initial contact by government agency to express interest in the property and/or scheduling date for appraisal or environmental assessment of the property; 2…. Read more »