Public Use And The Right To Take

When the government wishes to take private land and convert it to other private use, property owners often question whether this is a proper use of eminent domain. Eminent domain is understood to be a government body's right to take land for public use.

When is the Exercise of Eminent Domain Justified?

When the use of the land is clearly for the benefit of the public (such as for construction of a highway or a city hall), landowners may protest yet understand the public need. However, residential or commercial private property is sometimes taken by the government for conversion to use by another private entity. Owners may justifiably question the government's right to take property in this manner.

What Constitutes "Public Use"?

In some cases, a property owner may have the right and the ability to challenge the condemning agency's justification for "public use" of a conversion of one's private property to another private use.

Is the Promise of More Sales Tax Revenue Legitimate "Public Use"?

Redevelopment agencies in California were abolished, but have been re-established by Infrastructure Financing Districts. It is unclear whether these districts will wholly recharge cities' power to redevelop blighted properties in urban areas.

Contact an Experienced Eminent Domain Lawyer as Soon as Property Condemnation is a Possibility

When eminent domain looms on the horizon as a threat to your private residential or commercial property, contact an experienced California property condemnation attorney as early in the process as possible. Learn about ways to challenge property condemnation by county governments when proposed new uses do not pass the test of legitimate public use.

Don't let the government take your property without having a third party value it. Call the law firm of Robert J. Ernst III, Attorney at Law at 831-753-6125 or fill out the online contact form and I will contact you promptly. Serving all of Southern California in real estate law and eminent domain cases for over 30 years.