What is the timeline of the eminent domain process?
The timeline of the eminent domain process in California varies depending on the nature of the project. Generally, it begins with the government entity that is planning to use the land undertaking an analysis of the public use or benefit of the project. This analysis is done to determine if the taking of the property is necessary. Next, the government entity must enter into negotiations with the property owner to determine a fair price for the land in question. If a fair price is not agreed upon, the government entity can initiate the eminent domain process by filing a complaint in a court of law. The filing of the complaint will usually trigger a required eviction notice to the current owner so that they can move out of the property. Once the court rules that the taking of the property is permissible, the government entity can go ahead and take legal possession of the property. During this time, the government entity is required to compensate the former property owner for their losses. The government entity will have to make sure the former owner is paid the fair market value for their property. After all of the legal documents have been signed and the compensation has been paid, the court will give the government entity the right to take possession of the land. At this point, the government entity can begin the process of developing the property for its intended purpose.
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