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 »
Understanding a “Resolution of Necessity”
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
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 »