What is a declaration of taking?
A Declaration of Taking is a document that is filed by a government entity in order to take private property for public use. This document is usually filed when the government is seeking to exercise its power of eminent domain, which is the power to take private property for public use. In California, the government entity must first declare their intent to take the property before officially taking possession of it. Once the Declaration of Taking is filed, the private property owner must be given a notice of the taking, as well as the amount of compensation that they will receive for the property. The Declaration of Taking also includes a description of the property that is being taken, a statement of the need for the taking, and a determination of the fair market value of the property. The property owner also has the right to challenge the taking in court if they believe that they are not being fairly compensated for the loss of their property.
Related FAQs
Are there any restrictions on the amount of time allotted for a taking?How can I challenge the amount of compensation I am offered?
Can the government take my property?
Are there any restrictions as to how the government can use my property?
Can the government take my property for private use?
Can private individuals use eminent domain?
What are my rights regarding relocation?
Are there any restrictions on the use of eminent domain power?
Are there any defenses against an eminent domain action?
How do I file an objection to an eminent domain taking?
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