How can I challenge an eminent domain action?

In California, if you wish to challenge an eminent domain action, you must file a lawsuit. This lawsuit is known as an inverse condemnation claim and must be filed in the superior court of the county where the property is located. When filing the inverse condemnation claim, you must provide evidence that the government used its power of eminent domain unjustly and unlawfully. You must prove that the taking of your property was not in the public’s best interest or that the government did not offer you fair compensation for your property. You will need to have an attorney to represent you in the inverse condemnation claim. Your attorney will present your case to the court and will work hard to demonstrate why the conduit of your property is not justified. The court may decide that the government’s eminent domain action is justified or unjustified and will make a decision accordingly. If the court finds the government’s action unjustified, it may award you additional compensation for your property or may order the government to abandon its plans to take your property. In some cases, the court may order a full trial and may allow you to present your case to a jury. During the trial, your attorney will present evidence to oppose the government’s eminent domain action and the jury will decide whether the government’s action is warranted or not. By speaking to a qualified attorney and filing an inverse condemnation claim, you can challenge an eminent domain action in California.

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