How do I file an objection to an eminent domain taking?

To file an objection to an eminent domain taking in the State of California, you must follow the steps outlined in California Code of Civil Procedure 1245.020. To begin, an objection must be filed in the superior court in the county where the property is located within 30 days of the date that the notice of condemnation was posted or served. The objection must include the name of the condemner and the amount offered in the notice of condemnation. The objector must also state their legal grounds for the objection and why it should be accepted. In order to file a successful objection, the objector must be able to prove that the condemnation is not primarily for a public purpose, that the condemner does not have the power to condemn the property, or that the amount in the notice of condemnation is insufficient. After the objection is made, a hearing will be held in court. At the hearing, the objector and the condemner will present evidence and arguments to support their respective cases. The court will then make a ruling based on whether the condemnation is valid. If the court finds the condemnation improper, it may order the condemner to return the property to the objector and pay them any damages incurred. If the court finds the condemnation valid, then the condemner will proceed with the taking as originally planned. Filing an objection to an eminent domain taking in California can be a complicated process, so it is best to seek legal advice to make sure your objection is filed correctly and your rights are protected.

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