Can an owner of property refuse to sell to the government?
Yes, an owner of property in California can refuse to sell to the government. This right is protected by the state’s eminent domain law, which states that private property cannot be taken without the owner’s consent. The government is required to provide the owner with “just compensation” for the property if they do take it by condemnation. In most cases, the government will make a reasonable offer to an owner before resorting to condemnation—essentially, they may offer to purchase the property at a fair market value. However, the owner is not obligated to accept the offer and can instead choose to hold out on the sale. If the government has a pressing need for the land and is willing to pay the owner’s desired price, the owner can have motivation to accept the offer. However, if the owner does refuse the government’s offer, the government may move forward with condemnation. This requires a hearing in court that shows that the government is going to use the property for a public purpose, such as for a highway or a public school. If the court agrees with the government’s application, the government is allowed to take the owner’s land and will have to pay the owner the price determined by the court. Ultimately, the owner of property in California does have the right to refuse to sell to the government. Whether or not this is in their best interests depends on the specifics of the situation.
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