What is eminent domain?

Eminent domain is a power that the government can exercise in some cases involving real estate law in California. It is the power of the state or a political subdivision of the state, such as a county or city, to take private property for public use. The state or political subdivision must pay for the property taken. The government must have a legitimate public purpose for taking the property. Examples of public uses that may be legitimate include to build a public highway, to build or maintain a public utility, or to construct a building for a public purpose, such as a school or police station. The government must provide fair compensation for the property taken. The amount of compensation is usually equal to the fair market value of the property taken. The owner of a property that is subject to eminent domain may challenge the taking in court. In some cases, the owner may be able to prove that the public use for which the property is being taken is not valid or that the government offered inadequate compensation.

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