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 »
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General Steps Involved in an Eminent Domain Proceeding
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 »
Challenging the Government’s Right to Take Your Property
Even though most government agencies have the power of eminent domain, on occasion, a successful challenge to the government’s right to take a particular property for a particular project can be made. Such challenges, however, are the exception, not the rule, and usually result only in a delay, rather than outright prevention of the government’s… Read more »