What is the procedure for resolving a dispute over compensation?

When a dispute arises between an owner and the government about the amount of compensation for the taking of private property by the government, both parties must go through the eminent domain procedure to resolve the dispute. In California, the process for resolving a dispute about compensation begins with the filing of a Petition to Determine Compensation. This petition is filed with the Superior Court in the county where the property is located and names both the government entity and the property owner as the parties in the dispute. A hearing date is then set, and both parties have an opportunity to present evidence and legal arguments related to the dispute and the amount of damages or compensation owed to the property owner. Once the court has heard all the evidence and arguments, it will issue an order and judgment setting the amount of compensation to be paid to the property owner. If the property owner disagrees with the judgment, they have the right to appeal the decision. If the case is appealed, it will be heard before an appellate court. The appeal court will review the evidence, arguments, and trial court’s decision to decide whether or not it was correct. If the court agrees with the trial court’s decision, it will affirm the judgment. If it does not, the court may modify the decision or remand the case for a new trial.

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