Can I be forced to sell my property for less than the fair market value?

In California, the answer is generally no, you cannot be forced to sell your property for less than the fair market value. Eminent Domain law states that if the government wants to use your property, they must first purchase it from you at its fair market value. Fair market value is defined as the amount a willing seller would accept and a willing buyer would pay in a voluntary transaction, given the relevant facts at the time of sale. If the government is able to prove to a court that the fair market value is lower than the amount you are asking, they may be able to purchase your property for the lower amount. However, the government is required to provide evidence and the burden of proof is on them to make the case that the fair market value is lower than what you are asking.

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Can I be forced to sell my property for less than the fair market value?

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