What Is Eminent Domain - Century Law
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Transcript of What Is Eminent Domain - Century Law
Century Law
What is Eminent Domain
What is Eminent Domain?
Although the term eminent domain is
commonly used, it’s typically misunderstood.
Eminent domain explains the right of the state
to seize your private property with your
consent. According to the 5th Amendment of
the United States Constitution and Article I,
Section 19 of the California Constitution,
private property can be taken through the
eminent domain process only for a public use.
What is Eminent Domain?
The most common examples of ‘public uses’
are:
Police stations
Libraries
Schools
Roads
What is Eminent Domain?
Throughout history it has been used by highways, public
facilities, and railroads. While it has traditionally been
used for gargantuan construction projects, it’s being
used more and more to include ‘public use’, but not
necessarily ‘public benefit.’ In other words, the project
doesn’t have to actually be open to the public
population to be classified as a public use. Some of the
most recent eminent domain cases have been approved
for the sole reason of increasing tax revenues even
though the land may simply be transferred to a
developer and never be open to the general public.
Can I Challenge the
Railway from Taking My Land?
As a citizen of the United States, you have the
right to challenge the government’s right to
take your property for a particular project.
The most common challenges are based on the
government’s failure to follow the proper
steps to seize a property.
In any case, each situation must be effectively
evaluated based on its own set of individual
circumstances.
If My Land Is Taken Will
I Be Compensated?
The 5th Amendment also says that your
property can’t be taken without receiving
“just compensation.”
Similar to the U.S. Constitution, article I
section 19 of the California Constitution states
that private property must not be damaged or
taken unless you receive “just compensation.”
If My Land Is Taken Will
I Be Compensated?
Property owners and business can indeed seek
compensation for the following items:
Actual property
Realty improvements, such as equipment
and fixtures
The goodwill of the business
If My Land Is Taken Will
I Be Compensated?
The courts consider just compensation for any of
these items to be based on the “fair market”
value of the individual item. Instead of allowing
the courts to determine the value of your
property, Century Law Group can help you
negotiate and get the most for your or business. If
your property is facing eminent domain or inverse
condemnation, Contact Century Law Group today
for assistance to avoid low ball offers and receive
just compensation.