What are the limits of eminent domain power?

In California, the limits of eminent domain power depend on the nature of the taking and the purpose for which the property is being taken. Generally, the limits of eminent domain power are based on the powers granted to the government under the California Constitution. These powers are limited to taking private property only when the taking is necessary for a public use and upon fair and just compensation. The government may use the power of eminent domain to acquire property for public works such as highways, bridges, and sewer systems, as well as for public projects such as schools and parks. However, the government cannot use the power of eminent domain to benefit a private individual or business. Additionally, the government cannot take more property than is necessary to achieve the stated public purpose. Finally, the government must give property owners just and fair compensation for their property. This means that the government must pay fair market value for the property taken, and must pay for any additional expenses the property owner might incur, such as relocation costs or lost business income. Additionally, the government must pay interest on the compensation at the same rate the government earns from investing the money.

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What are the limits of eminent domain power?

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