Century Law

What is Eminent Domain

What is Eminent Domain?

Although the term eminent domain is

commonly used, it’s typically misunderstood.

Eminent domain explains the right of the state

to seize your private property with your

consent. According to the 5th Amendment of

the United States Constitution and Article I,

Section 19 of the California Constitution,

private property can be taken through the

eminent domain process only for a public use.

What is Eminent Domain?

The most common examples of ‘public uses’

are:

Police stations

Libraries

Schools

Roads

What is Eminent Domain?

Throughout history it has been used by highways, public

facilities, and railroads. While it has traditionally been

used for gargantuan construction projects, it’s being

used more and more to include ‘public use’, but not

necessarily ‘public benefit.’ In other words, the project

doesn’t have to actually be open to the public

population to be classified as a public use. Some of the

most recent eminent domain cases have been approved

for the sole reason of increasing tax revenues even

though the land may simply be transferred to a

developer and never be open to the general public.

Can I Challenge the

Railway from Taking My Land?

As a citizen of the United States, you have the

right to challenge the government’s right to

take your property for a particular project.

The most common challenges are based on the

government’s failure to follow the proper

steps to seize a property.

In any case, each situation must be effectively

evaluated based on its own set of individual

circumstances.

If My Land Is Taken Will

I Be Compensated?

The 5th Amendment also says that your

property can’t be taken without receiving

“just compensation.”

Similar to the U.S. Constitution, article I

section 19 of the California Constitution states

that private property must not be damaged or

taken unless you receive “just compensation.”

If My Land Is Taken Will

I Be Compensated?

Property owners and business can indeed seek

compensation for the following items:

Actual property

Realty improvements, such as equipment

and fixtures

The goodwill of the business

If My Land Is Taken Will

I Be Compensated?

The courts consider just compensation for any of

these items to be based on the “fair market”

value of the individual item. Instead of allowing

the courts to determine the value of your

property, Century Law Group can help you

negotiate and get the most for your or business. If

your property is facing eminent domain or inverse

condemnation, Contact Century Law Group today

for assistance to avoid low ball offers and receive

just compensation.