Eminent Domain Laws in California

Eminent domain, which is also known as condemnation, is the authority of a given government to obtain property for the use of the general public, by paying off the property owner in a just manner. The government may use its right of eminent domain, even if the owner of the property does not have any intention to dispose of his or her property. The usual public uses for which eminent domain is invoked by a government are public buildings, police and fire stations, subways, highways, roads, parks and schools.

Is It Possible to Challenge the Government's Rights?

Under limited situations, you may challenge the government to get your property. However, in order to do so, you will need the assistance of a very good lawyer. The circumstances that allow a successful confrontation on the government's use of power of eminent domain is rare in California. In most instances, a challenge will only cause delays, but preventing the government from claiming the property does not take place. One of the available remedies for a property owner to prevent the taking of the property is to seek higher compensation for the claiming of the property. Sometimes, property owners can also question a government's right by pointing out that the property that is being "purchased" is not really intended for public use.

Succeeding in Challenge of the Government

In California, in the event that an owner of a particular property successfully prevents government from taking a property by the use of eminent domain, dismissal of the eminent domain suit is mandated by the law. The owner of the property is also entitled to reimbursement of legal fees and expenses. Despite this fact, nothing prevents the government from commencing the procedure over again. Hence, if the government is really intent on taking the property, succeeding in your challenge is not a permanent protection. However, if you are not successful in your bid to challenge the government, you have no liability for the costs incurred by the government.

Steps in Acquiring Eminent Domain

Under California law, a government agency contacts a property owner and the interest to acquire is expressed. The property is then appraised and the government subsequently makes an offer to the owner to buy the property. A public hearing is convened to take the property through eminent domain. After that, an eminent domain suit is filed in the appropriate court and notice is given to the property owner. A deposit coming from the just compensation amount is made to the court, while certain government agency requests for an early taking of the property. The government and property owner may exchange appraised reports and final demands. Within 30 days after the judgment, the government is required to pay the owner of the property and ownership is turned over to the government.

Getting a Lawyer

It is true that the government is an intimidating adversary. If for any reason, you really want to hold on to your property, the best thing you can do is get yourself a good lawyer, who will see things from a legal point of view.