Challenging The Government's Rights to Take Property
Government agencies can constitutionally "take" private property by formal condemnation proceedings in order to build a public project, such as widening a freeway, building public transportation systems, or for other "public" uses. The Government's "right to take" is established by the 5th Amendment of the U.S. Constitution and Article 1, Section 19 of the California Constitution.
This process, known as " Eminent Domain," requires the Government agency to meet certain requirements under California law, including showing that the property is necessary for the project. But the Government's "right to take" does not preclude a property owner from challenging this procedure.
Property owners can fight the Government's right to take private property by attempting to prove that the Government failed to meet the requirements needed to begin the eminent domain process.
Challenging a Government entity can be costly and intimidating; however, it is possible to find success. The exceptional eminent domain lawyers at Peterson Law Group have extensive experience in helping property and business owners preserve their rights against the Government's "right to take."
Take action now by contacting Peterson Law Group PC. We can discuss your legal rights and options in order for you to make an informed decision about your situation.
What Are the Benefits of Challenging the Government?
While not always successful, challenging the right to take has several advantages, such as:
- The challenge may delay a proposed project long enough to prevent it from going forward;
- The delay may encourage the government to provide a higher compensation in order to get the project back on track; and/or
- The government may not meet the public use or necessity challenge requirements and the project will be cancelled.
Challenging the right to take is not always the best option for every property owner, so it is crucial to understand and protect your rights and property from abuse.
If the local, state or federal government is threatening to take your property, contact Peterson Law Group PC to discuss your options. Challenging the right to take may or may not be a viable option for your circumstance, but you are strongly urged to seek the advice of a qualified lawyer. Call (213) 236-9720 or contact our firm online as soon as possible.