Peterson Law Group Professional Corporation
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Posts tagged "Eminent Domain"

Any major civic project could involve eminent domain

At a recent city council meeting in Palo Alto, residents learned that all 10 of the alternatives for a major rail redesign could potentially involve properties being taken by eminent domain. More than two dozen people addressed the council, many of them concerned that the project could result in their properties being taken by the city. Others expressed concerns that the project will worsen traffic conditions for nearby properties.

What are regulatory takings?

We often discuss eminent domain and inverse condemnation actions on this blog, but there is another way the government might take private party. Regularly taking is distinct from these other actions, but ultimately, it has the same results as an eminent domain action.

Understanding easements: accessing land without taking it

Many posts on this blog discuss situations in which home and business owners lose their property to eminent domain claims from the government or a private entity. However, there are also situations in which the government can access or use private property without actually acquiring it.

What is 'public use'?

When government takes property through eminent domain, it does so because it needs the land for a public use or project. Public use is not always as clear as the word suggests, and there are cases when the intended use does not seem to others to be "public."

A look at just compensation

The U.S. and California Constitutions protect landowners when their property is  taken by requiring payment of just compensation. However, "just" in the eyes of property owners is often hard to define. Property can be held by generations of families over many years, and businesses can be in similar situations.  Requiring a business to relocate and taking property can evoke strong feelings from landowners, even though the government has the right to do so.  Eminent domain disputes may be contentious and landowners sometimes look at other factors, such as the value to them as opposed to the fair market value. 

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