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 »