How can I challenge the amount of compensation I am offered?

If you feel the amount of compensation you have been offered through an eminent domain case in California is unfair, there are certain steps you may take to challenge the amount offered. The first step is to meet with your condemner and discuss the value of the property. If the parties involved cannot agree on a fair value, the matter will proceed to court. When the case gets to court, you may present expert witnesses to testify on the value of your property. You may also be able to challenge the legal basis of the condemnation, such as if the condemner is not using the property for the public purpose they stated. In the court hearing, the condemner is required to prove the value of the property and the amount of compensation they are offering. If the amount offered is less than the court determines the property is worth, then the court will likely award a greater amount of compensation. The court will also consider any damage to the property or other losses you may have incurred through the eminent domain process. Any additional expenses or losses you have experienced due to the eminent domain case can be included in the amount of compensation the court awards to you. If the court does not award the amount of compensation you believe is fair, you always have the option of filing an appeal with a higher court. That appeal may result in you receiving a greater amount of compensation for your property.

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