Are there any restrictions on the type of property subject to eminent domain?

Yes, there are restrictions on the type of property that can be subject to eminent domain in California. Generally, private property can be taken by the government if it is determined to be in the public good. Publicly owned property, however, is generally not subject to eminent domain. This means that the government cannot take land owned by another governmental body, such as a county or state. Certain types of property are also specifically exempt from the power of eminent domain in California. These include churches, cemeteries, and public parks. Furthermore, private residential property generally cannot be taken by the government unless it is necessary to complete a public works project or to promote public health or safety. Finally, there are certain public uses of eminent domain which are also restricted by California state law. For example, private property cannot be taken for the purpose of private development or for the benefit of an individual, corporation, or partnership. Additionally, the government cannot take property for the purpose of suppressing speech or the exercise of a constitutional right.

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Are there any restrictions on the type of property subject to eminent domain?

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