California Property Condemnation Attorney

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.

To schedule a consultation regarding a pending property condemnation, contact me, California lawyer Robert J. Ernst, III.

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 private property to another private use.

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

Big box store or auto mall developers may have convinced local governments that redevelopment of privately owned land will provide much-needed sales tax revenue. In this way, private-to-private conversion of land use through eminent domain is said to have a "public use." However, court decisions have called into question the justification of the taking of private properties for the construction of big box shopping malls or auto malls through the use of eminent domain.

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.