Recent Posts in Eminent Domain

  • 20-Apr-2022

    What Are Some Examples of Public Use in Eminent Domain?

    The federal government cannot use its power of eminent domain to acquire property unless it is for public use. Unfortunately, the definition of public use is not well defined. “ Anything which is meant to enrich the lives of people who reside, ...
  • 1-Jun-2021

    Eminent Domain for Private Gain

    Eminent Domain Abuses and When Eminent Domain Doesn’t Work: Under the power of eminent domain, the government can take away private property for “public use” and with “just compensation.” In other words, the government ...
  • 8-Mar-2021

    Pipeline Developers Offer Property Owners "Pennies and Peanuts," Then Use Eminent Domain to Take Their Land

    Tennessee has made nationwide news — and not for a good reason. The government has handed its power of eminent domain off to a big corporation, and residents are paying the price. More specifically, the Byhalia Connection Pipeline run by Valero ...
  • 22-Feb-2021

    Inglewood City Council Authorizes Eminent Domain for Clippers Arena

    Despite objections that the project would displace homes and churches, the Inglewood City Council voted to authorize the use of eminent domain to clear space for the future Clippers basketball arena. To add ire to an already controversial decision, ...
  • 6-Oct-2020

    Project Homekey Might Use Eminent Domain to House Homeless

    Project Homekey is an initiative to reduce homelessness across California during the coronavirus pandemic and beyond. The foundational concept of Project Homekey is allowing the state to purchase unused commercial living spaces like old hotels and ...
  • 25-Jun-2020

    Can Tenants Recover Compensation if Their Apartment Building is Taken Through Eminent Domain?

    Under the power of eminent domain, the government can acquire property as long as they are doing so for public use and the owner of the property is fairly compensated. Compensating a property owner ensures that they are justly paid not only for the ...
  • 11-Jun-2020

    Do Local and State Governments Have Eminent Domain Powers?

    The federal government has the power to acquire property under the legal principle of eminent domain. This power was established in a section of the United States Constitution known as the “takings clause,” which states, “... nor ...
  • 15-May-2020

    What Happens if You Refuse Eminent Domain?

    Eminent domain is a government power that allows local and national entities to acquire private property and use it for a public purpose. If your home or business has recently become the subject of an eminent domain case, you may be wondering: How ...
  • 24-Apr-2020

    What is Just Compensation in an Eminent Domain Case?

    Eminent domain is defined in a section of the Fifth Amendment of the U.S. Constitution known as the “Takings Clause.” The Takings Clause states, when defining the rights of people in this country, “nor shall private property be ...
  • 27-Dec-2019

    Why are Courts Often Involved in Cases Concerning Eminent Domain?

    Eminent domain gives government entities the right to purchase land from citizens, at a just price, to obtain for public use. Although eminent domain is an established right of the government, citizens do have the right to dispute claims and fight ...
  • 10-Dec-2019

    Is Eminent Domain in the Constitution?

    Eminent domain is a legal right of the federal government that allows government entities to acquire the property of citizens for public use. There are terms that the government and citizens must meet in eminent domain cases. Those terms are outlined ...
  • 25-Oct-2019

    Eminent Domain "Public Use" Qualifications

    Eminent domain cases are often based on two principles: The government’s ability to provide “just compensation” and the proof that the property is being taken for “public use.” The latter consideration involves ...
  • 31-Jul-2019

    Stopping Eminent Domain

    Eminent domain gives the government the power to “take private property and convert it into public use.” If the private property in question belongs to you, you may be wondering if there is any way to stop this from happening. The only ...
  • 18-Feb-2019

    Eminent Domain and The Great Wall of President Trump

    Building a wall along the southern border of the United States to minimize unauthorized entry into the country via Mexico has been a hot button political issue that pits Republicans and Democrats against each other to extreme ends. Political outrage ...
  • 25-Jan-2019

    What Kind of Relief Can I Get for Inverse Condemnation

    What is Inverse Condemnation? Inverse condemnation is when a government seizes private property, but does not provide the property owner with the proper compensation required by the 5th Amendment of the Constitution. In situations where improper ...
  • 21-Dec-2018

    Can Government Regulation Qualify as an Unconstitutional Taking?

    Under the takings clauses of the California and U.S. Constitutions, private landowners have a right to receive just compensation when the government takes their property for public use. But, what type of government actions qualify as a ...
  • 26-Oct-2018

    California's Power Outages: Reasonable Precaution or Liability Escapism?

    In the past few years, California has seen its most destructive wildfires in history. Last year, California wildfires burned over 1.3 million acres and were responsible for at least $18 billion in property damage. Defective electrical equipment is ...
  • 19-Oct-2018

    What Is Eminent Domain?

    Why Is the Government Suing Me for My Property? If the government is suing you for your property in civil court, then you’re part of an eminent domain action. Eminent domain is a cause of action initiated by a federal, state, and local ...
  • 19-Sep-2018

    Understanding the SANDAG Eminent Domain Case

    Eminent domain is the power of the government to convert private property for the sake of public use. Due to the Fifth Amendment, a government agency can only exercise this power if appropriate, or “just,” compensation is provided to the ...
  • 19-Jun-2018

    Do You Need an Attorney Before an Eminent Domain Case is Filed?

    It is not uncommon for a case that involves the use of eminent domain to never see the inside of a courtroom. Typically, a representative of a government agency or private party will approach a homeowner and make an offer to purchase that property. ...
  • 12-Jun-2018

    Reasons Why You Should Never Accept the First Offer in an Eminent Domain Case

    It might seem unfair, but the government has the right to seize your property, if it is necessary for public use, through the power of eminent domain. Of course, they will not simply take it from you without paying for it. The government is required ...
  • 28-Mar-2018

    Business Valuation and Goodwill

    When a privately owned property is acquired by the government for a public project or use, the owner of that business can claim compensation for loss of business goodwill. This right also extends to cases of inverse condemnation, involving a ...
  • 17-Jan-2018

    Protecting Your Rights: When to Hire an Eminent Domain Attorney

    If you received a notice that the government wishes to purchase your property through eminent domain, you should not hesitate to hire an eminent domain attorney as soon as possible. Oftentimes, property owners might feel that they lack options or ...
  • 5-Jan-2018

    What's the Difference Between Eminent Domain and Inverse Condemnation?

    Owning real estate means you could potentially face the government one day and they might want to take all or some of your property. The state might simply tell you that they are going to take it, or they might do something to take the property, or ...
  • 5-Dec-2017

    What You Need to Know About Eminent Domain

    Have you ever driven past a home that just seems out of place given the other structures around it? Although other types of housing or businesses are built around it, the lone house still remains. In many of these circumstances, the owner does not ...
  • 10-Oct-2017

    Does Eminent Domain Require Fair Compensation?

    Historically, sovereign governments have the power and authority to appropriate land within their own borders for whatever purpose that they see fit. The ability to do this is referred to as “ eminent domain ” and is effective nationwide. ...
  • 6-Oct-2017

    Can a Private Company Use Eminent Domain?

    Although local, state, and the federal government have the power to use eminent domain, some private companies can be granted this power as well. This power can be used to condemn private property in order to complete certain projects that are ...
  • 22-Sep-2017

    Eminent Domain Used in Owens Valley Water Rights Fight

    Inyo County has begun eminent domain proceedings in attempt to take back property bought up by Los Angeles in the 1900s. The land in question was quietly purchased by agents from LA who were posing as ranchers and farmers. Sound familiar? ...
  • 11-Sep-2017

    California High-Speed Rail Setbacks

    California’s high-speed rail project is one of the most extensive and expensive public works projects in the United States. In 2008, Californians approved the high-speed rail project with the hopes that one day they would be able to take a ...
  • 1-Sep-2017

    Eminent Domain: Relocation Benefits

    When it comes to eminent domain cases resulting from transportation projects or public use projects, property owners are entitled to relocation benefits when they are forced to relocate their business or residence as a result of the projects in ...

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