Recent Posts in Eminent Domain Posted By Allen Semelsberger Kaelin, LLP 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, ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 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 ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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, ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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. ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 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 ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 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 ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 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 ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 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 ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 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. ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 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 ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 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? ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 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 ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 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 ... Continue Reading