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August 2013 Archives

Challenging The Right To Take

While the Fifth Amendment grants federal, state, and local governments the right to take private property for the sake of public use or purpose, such as widening a freeway, implementing light rail, or other public transportation or government-funded structures, there are rare instances in which a property owner may challenge the government's right to take a specific piece of property. In California, a government entity may take only the private property that is necessary to complete the project. This is known as the public use and necessity requirement.