Can private individuals use eminent domain?

No, private individuals are not allowed to use eminent domain under California state law. Eminent domain is a legal process by which a government can take private property for public use. The government typically compensates the individual by paying market value for the private property. In California, eminent domain is primarily used for public works such as roads, bridges, and public utilities. However, it can also be used for private development when the private development confers a public benefit. In those cases, the private developer must pay fair market value for the private property and must demonstrate that the development project is for the public benefit. Although private individuals cannot use eminent domain in California, private developers can use it in certain circumstances. This is because the private development confers a public benefit, such as providing affordable housing or creating jobs. In those cases, the developer must still obtain approval from the local government and pay the owners of the private property fair market value.

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