As a property owner in California, you have certain rights—but when the government exercises eminent domain, those rights can feel uncertain. Whether you own a home, business, or undeveloped land, the government may attempt to take your property for public use. Understanding how eminent domain in California works and knowing your legal options can help you protect your interests.
What Is Eminent Domain?
Eminent domain allows government entities, including cities, counties, and state agencies, to take private property for public projects such as highways, schools, and infrastructure improvements. However, property owners must be compensated fairly, and the government must follow strict legal procedures.
In California, eminent domain cases often arise when the state needs land for expanding roads, public transit, or utilities. While the law provides protections, government agencies may undervalue property or use aggressive tactics to pressure owners into accepting unfair deals.
Do You Have to Accept Eminent Domain?
The government does not have unlimited power to take property. You have the right to:
- Challenge the Necessity of the Taking – The government must prove that taking your property is necessary for a legitimate public use. That is a very broad standard. In most cases, it will not make economic sense to challenge the government’s right to take the property. If the taking is not for a legitimate public use, or if the taking agency fails to meet statutory requirements (rare),, you may prevent the seizure.
- A better approach would be to show the government agency that your property is not the property best suited for the agency’s intended use. That too is an uphill battle but can work in some cases.
- Demand Fair Compensation – You are entitled to the fair market value of your property, including potential damages for loss of business income, relocation expenses, and depreciation of remaining land value.
- Fair market value is a slippery concept. It assumes a willing buyer and a “willing” seller. The government will have the burden of proving how much you would accept for the property if you were willing to sell.
- Negotiate – You do not have to accept the government’s first offer. With strong legal representation, you can negotiate for a better outcome..
- Litigate – If you cannot reach agreement on price you can go to court and ask a judge or jury to decide the fair market value of your property.
How the Government May Try to Undervalue Your Property
When determining compensation, the government must conduct an appraisal. However, these appraisals may undervalue the true worth of your property for many reasons.
An experienced eminent domain attorney can help you challenge lowball offers and advocate for full and fair compensation.
What to Do If Your Property Is Targeted for Eminent Domain in California
If you receive notice that your property is being considered for eminent domain, take the following steps:
- Do Not Accept the First Offer – The initial offer is rarely as much as you are entitled to receive.
- Request an Independent Appraisal – A professional real estate appraiser can provide a second opinion on your property’s value.
- Consult an Eminent Domain Attorney – An experienced lawyer can help you fight the taking or negotiate a higher compensation amount.
Hamlin | Cody: Protecting Property Owners in Eminent Domain Cases
At Hamlin | Cody, we represent property owners facing eminent domain in California. Whether you want to challenge the taking or ensure you receive fair compensation, our legal team is ready to protect your rights.
If your property is at risk, don’t wait—contact us today to discuss your case.