Peterson Law Group Professional Corporation
Los Angeles Office
213-236-9720

Irvine Office
949-955-0127

Eminent domain -- public use rather than personal gain

When it comes to property rights, there are a number of terms that can be confusing to the general public. One such term, eminent domain, has received considerable attention throughout California in the past few years. Eminent domain has been referenced in regards to water rights, beach access and even roadways throughout California.

The purpose of eminent domain is to allow property to be taken when it is necessary for "public use." However, the term public use can be confusing to some. Does this mean that the property must be used by the general public? Does it need to be used by a certain percentage of the population?

Public use, as it relates to eminent domain, means that the property must be necessary for the benefit of the public rather than an individual. In other words, an individual who wants to build on a piece of property cannot use the eminent domain process to acquire this property and begin construction. However, if a group of individuals, such as homeowners within a subdivision or business owners within a business development, need specific property to construct something that will be of benefit to the group or public, claiming eminent domain is a possibility. This public use may be for the construction of sidewalks, a roadway or anything else that will be considered a benefit.

At times, property taken by means of eminent domain is for the benefit of an entire city within California. At other times, it is for the benefit of a smaller portion of the population. As discussions regarding the need for property using eminent domain become reality in the development of property throughout the community, those wishing to develop the property and those concerned with such impact will want to discuss the matter with experienced legal counsel.

Source: FindLaw, "Eminent Domain: Public Use Requirement," accessed on July 30, 2017

No Comments

Leave a comment
Comment Information

Contact Peterson Law Group

Serving Statewide From Irvine And Los Angeles

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

SEND US AN EMAIL

Irvine Office
19800 MacArthur Boulevard
Suite 290
Irvine, CA 92612

Phone: 949-955-0127
Fax: 949-955-9007
Map & Directions

Los Angeles Office
633 West Fifth Street
28th Floor
Los Angeles, CA 90071

Phone: 213-236-9720
Fax: 213-236-9724
Map & Directions