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Can California Property Owners Challenge Public Use in Eminent Domain Cases?

By Peterson Law Group on May 19, 2025

Eminent domain gives the government the power to take private property for public use, provided the owner receives just compensation. While this principle is embedded in the U.S. and California Constitutions, the definition of public use has broadened over time—and not always in ways that protect the property owner.

Today, more Californians are questioning whether certain takings truly serve a legitimate public purpose or cross the line into eminent domain abuse. California property owners may challenge public use in eminent domain cases, but success depends on a solid legal strategy, strong evidence, and early intervention.

At Peterson Law Group PC, we have decades of experience representing landowners in condemnation disputes. Led by attorney John S. Peterson, a recognized leader in eminent domain and inverse condemnation law, our firm helps property owners challenge government takings that fail to meet constitutional standards.

Public Use in Eminent Domain Law

Under both federal and California law, the government may take private property through eminent domain only if the taking is for “public use” and the owner receives just compensation.

Historically, public use meant roads, schools, parks, or utilities—clear-cut examples of facilities accessible to or benefitting the general public. But in recent decades, the public use definition has expanded to include economic development projects, redevelopment zones, and even private transfers that serve a broader public purpose.

In California, courts often defer to the government’s stated public purpose, especially if the legislature has approved the project. But that doesn’t mean property owners are powerless. The courts do not allow arbitrary takings, and if you can show that the purpose is illegitimate, speculative, or a pretext for private benefit, you may be able to stop the condemnation.

When Can Property Owners Challenge Public Use?

Property owners in California can challenge eminent domain by asserting that the taking does not meet the legal standard for public use. Common grounds for opposition include:

Private Use Masquerading as Public Use

If the government is transferring property to a private developer, utility, or corporation with minimal public benefit, courts may scrutinize the stated purpose. While California permits certain private-to-private transfers, they must serve a legitimate public interest, such as providing housing, improving infrastructure, or removing blight.

Lack of Necessity

If the project does not require your specific parcel or if alternative locations are available, you may argue that the taking is not necessary to fulfill the public purpose. While this is not a direct public use challenge, it weakens the government’s case.

Pretextual or Arbitrary Takings

If the taking appears retaliatory, speculative, or based on flawed analysis, it may be struck down as unconstitutional. For instance, a city condemning land to appease a political donor or as a placeholder for future (unplanned) development may be challenged.

Failure to Follow Procedures

The government must adhere to detailed procedures before condemning land, including providing notice, making a resolution of necessity, and allowing public comment. Failing to meet these requirements can open the door for challenges.

What Is a Condemnation Lawsuit?

A condemnation lawsuit, also known as an eminent domain action, is a legal proceeding in which the government seeks court approval to take private land for public use. The process typically includes:

• A Resolution of Necessity adopted by a public agency
• A formal complaint filed in court
• Service of process on the landowner
• Litigation over the validity of the taking and the amount of compensation

At this stage, a property owner may file objections challenging both the right to take and the valuation. Disputing the public use definition or necessity requires strategic legal advocacy and presentation of fact-based arguments.

Case Law Supporting Property Rights Defense

California courts have, in some instances, sided with property owners in eminent domain abuse cases:

County of San Luis Obispo v. Ranchita Cattle Co. (1971)

The court ruled against a county’s attempt to condemn land for speculative future use, affirming that eminent domain cannot be used without a clear and immediate public purpose.

City of Oakland v. Oakland Raiders (1982)

When the city tried to take ownership of the Raiders football team to keep them in Oakland, the court found that the action did not meet the public use requirement, as it was aimed at preventing economic loss rather than creating a public benefit.

This and other cases illustrate that the judiciary can and will act to prevent the misuse of eminent domain powers, especially when supported by strong evidence and legal arguments.

How Peterson Law Group PC Can Help

Challenging eminent domain in California is not a simple task. Public agencies have legal teams, engineers, and public interest narratives on their side. Property owners must act quickly and strategically to protect their rights.

At Peterson Law Group PC, we help landowners:

• Review government documents to assess the legitimacy of the public use claim
• File objections and motions to challenge the taking
• Gather expert testimony on alternatives, environmental impacts, or project necessity
• Litigate condemnation lawsuits in trial and appellate courts
• Negotiate better compensation when takings are justified but undervalued

Practical Steps for Property Owners

If your land is being targeted for condemnation, follow these steps:

1. Don’t Delay: Eminent domain proceedings have tight timelines. You may have only a few weeks to respond once the complaint is served.
2. Request Full Documentation: Demand a copy of the resolution of necessity, project plans, and environmental reports.
3. Consult Legal Counsel: An experienced eminent domain attorney can evaluate whether the taking meets public use standards and advise you on defense strategies.
4. Engage Expert Witnesses: Land use planners, engineers, and appraisers can provide evidence to counter the government’s justification.
5. Challenge Early and Often: Waiting too long to object may limit your options. Raise your concerns about government takings from the outset.

Reasons to Choose Peterson Law Group PC

Peterson Law Group PC has built a statewide reputation as a leading firm in property rights defense, eminent domain, and inverse condemnation. Founding attorney John S. Peterson has been recognized by Best Lawyers, the Multi-Million Dollar Advocates Forum, and the American Board of Trial Advocates for his outstanding trial record and dedication to protecting the rights of property owners.

Our team combines legal precision with strategic foresight to confront and challenge public takings that fail to meet constitutional requirements. We don’t just negotiate—we’re always prepared to litigate when it matters.

Speak With an Influential California Eminent Domain Lawyer Today

If you’re facing a government taking that doesn’t meet the true standards of public use, you have rights! Peterson Law Group PC can help you evaluate your case and develop a strategy to protect your land and your future.

Contact our Los Angeles eminent domain lawyers today: (213) 319-4993.