What are my rights under eminent domain law?

Under California’s eminent domain law, you have the right to be treated fairly if the government attempts to take possession of your property. The government can only take your property for public use, meaning the property must be used by the public or a governmental body. Before taking possession of your land, the government must provide you with written notice of the property they wish to acquire, along with the proposed date they wish to take possession. In response to the proposed acquisition, you have the right to submit a written request to the government for an appraisal of the property. The government must then provide you with an appraisal of the property’s fair market value. If the government still wishes to take possession, you have the right to negotiate the fair market value before the property is taken. You also have the right to receive just and fair compensation for the loss of your property. The amount of compensation must be equal to what you would have received for the property if sold on the open market. This means that the value of the compensation must include any extraordinary damages that you suffer from the taking of the property, such as any improvements made to the land. Finally, you have the right to challenge the government’s taking of your property in court. If the government’s actions constitute a taking without just compensation, then the court can order the government to pay you the fair market value of the property.

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