“Public Use”
The Fifth Amendment of the United States Constitution and Article I, Section 19 of the California Constitution allow private property to be taken by eminent domain only for a “public use.” Traditional examples of “public uses” for which the government might exercise its power of eminent domain include such things as schools, roads, libraries, police… Read more »
Loss of Business Goodwill
California’s Eminent Domain Law — unlike the laws of most other states — provides that a business owner may be entitled to any loss of business “goodwill” caused by the taking of property on which the business is located. Business “goodwill” is defined in the Eminent Domain Law as: “The benefits that accrue to a… Read more »
Retaining an Attorney
While on some occasions a property or business owner might be able to negotiate what he or she believes to be a fair price without legal representation, the reality is that in most cases, owners will obtain a significantly better overall net result (i.e., dollars in their pocket) when they are represented by competent, knowledgeable… Read more »
Compensation Paid for Improvements
Owners are entitled to compensation not only for their property, but also for “improvements pertaining to realty.” These improvements can be anything from pavement and fencing to furniture and machinery, depending upon the facts of a particular case. The government is required to pay the fair market value “in place” of such improvements. Value “in… Read more »
Partial Takings
Often, the government needs only a portion of a particular property, such as a strip of land needed for street widening. In those cases, just compensation is determined not only by the value of the part taken, but also by the damage to the remaining property. Such damages are called “severance damages,” i.e., damages caused… Read more »
Fair Market Value
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
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
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 »
Disagreeing with the Government’s Deposit Amount
If you believe that the condemning agency’s deposit of probable compensation is too low, the property owner may apply to the court for an order requiring an increase in the amount of the deposit. Only upon a very strong showing that the deposit is much too low will the court grant such a request for… Read more »
The Government’s Offer…Accept?
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 »