How does eminent domain work?

Eminent domain is a legal concept that allows the government to take private property for public use, such as building a road. In California, the government can only take private property through the use of eminent domain if it is for a public use and with just compensation. In order to take private property through eminent domain, the government must first begin by providing due notice to the property owner so they can have an opportunity to challenge the taking. If a challenge is made, a court will weigh both sides and rule whether the government can take the property. If the court rules the taking is legal, the government must then provide the property owner with just compensation for the taking. Just compensation is the fair market value of the property at the time of the taking. This is assessed based on the property’s value, as well as any losses that may have been incurred by the property owner as a result of the taking. The amount will be determined by an appraisal and if the property owner does not accept the offered compensation, they can take the dispute to court. In California, a property owner has the right to challenge an eminent domain action and must be offered just compensation for the taking. Ultimately, the government must prove that the taking is for a public use and demonstrating that the owner will receive just compensation for the taking.

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How does eminent domain work?

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