What is the Condemnation Procedure?

The Condemnation Procedure is the legal process by which a government agency or a "condemnor" in California takes private property for public use. In order for the agency to acquire the property, it must do so through eminent domain law. In other words, a condemnor has the power to take private property if it is for a higher purpose, such as for public transportation or for a public park. The process involves several steps. The first step of the Condemnation Procedure is for the government agency to notify the property owner that it intends to take their property. This is usually done by sending a letter of notice. The letter will explain the potential taking and provide information about the terms of the taking and the valuation process. The second step is for the condemnor to file a complaint in court. The complaint will include the details of the proposed taking and a description of the property. It will also include an estimated value of the property. The third step is for the agency to conduct an appraisal of the property to determine its fair market value. This appraisal will be performed by a professional appraiser and will be based on the size and characteristics of the property. The fourth step is for the court to hold a hearing. During the hearing, both the agency and the property owner or their representatives will present their arguments. The court will then decide whether the taking is reasonable and necessary for public use. The fifth and final step is for the court to issue a condemnation order. This order will state the amount of money the condemnor must pay to the property owner in exchange for their property. Once the money is paid and the order is issued, the property is then under the possession of the condemnor.

Related FAQs

What is the cost to the government exercising its power of eminent domain?
What is the difference between eminent domain and zoning?
What is the difference between value for tax purposes and market value?
Can I receive compensation for a partial taking?
Can the government take my property for private use?
What are the limits of eminent domain power?
What is the difference between market value and fair market value?
What is the difference between the amount of compensation I am entitled to receive and the actual amount I receive?
What is a blight designation?
Does eminent domain apply to renewable energy projects?

What is the Condemnation Procedure?

Related FAQs

Related Blog Posts