Home Eminent Domain Why Is My Property Referenced In An EIR?

Environmental Impact Report Information

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If you have questions about eminent domain, contact Peterson Law Group PC today. John S. Peterson has been aggressively advocating for the rights of California property owners for over 35 years.

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Why Is My Property Referenced In An EIR?

An EIR is a term for an Environmental Impact Report. Public projects need to go through an environmental approval process before the project can be certified. The Environmental Impact Report is provided under a California state law called CEQA, which is the California Environmental Quality Act. CEQA requires an EIR to identify and discuss the environmental impacts that may be caused by a project. In the case of a public project that may lead to the acquisition of properties, the EIR will usually cover many topics required by law, including land use, traffic, circulation, noise, air quality, light, glare, and other conditions. One of the issues that may be addressed in the land use analysis is the displacement of properties necessary for the proposed project; specifically, identification of the properties anticipated to be necessary for the project and what is anticipated to happen to those properties and businesses on those properties.

What Is Eminent Domain in California?

Eminent domain is the power held by the state of California to seize private property for public use, but the state is required to pay fair compensation to the owner. The process typically starts when a public agency identifies a private property necessary for a public project. Property owners are then notified, and negotiations for compensation begin. If an agreement can't be reached, the agency may proceed to court to acquire the property through legal means.

What Is "Just Compensation?"

Just compensation is the constitutional guarantee that property owners will be fairly compensated when their property is taken under eminent domain. In California, just compensation is defined as the market value of the property at its highest and best use at the date of valuation.

Determining just compensation can be complex, involving appraisals, expert testimony, and legal disputes. Factors considered when determining just compensation include the property's current use, its potential for future use, and any income it generates.

How Is Public Use Defined in California?

Public use refers to the requirement that any property seized must be intended for a use that benefits the public. Historically, this meant infrastructure like roads, schools, and parks. However, this definition has grown to include projects that serve a public purpose, such as revitalizing a destroyed area.

California law interprets public use broadly, but it also protects against abuse of this power. For instance, the state has specific requirements to determine whether it's necessary to take the property and if the intended use is truly public. Property owners who believe their property is being taken for non-public use can challenge the action in court.

What Is Loss of Goodwill?

California provides a unique protection for business owners by allowing them to claim compensation for loss of goodwill, which is not recognized in all states. Goodwill refers to the intangible asset that arises from a business's reputation and customer relations, which could be damaged when a business is forced to move or close due to property acquisition.

Calculating loss of goodwill typically requires detailed financial data and expert testimony to quantify the impact of the move on the business's profits. Peterson Law Group PC can assist you in documenting this loss and negotiating for its inclusion in the compensation package.

How Is Fair Market Value Determined in California?

Fair market value is the standard used in California to determine the amount of compensation a property owner should receive when their property is taken by eminent domain. It refers to the highest price a willing buyer would pay and a willing seller would accept for the property, assuming both parties are well-informed about the property and its potential use and neither is under undue pressure to buy or sell.

What Do State and Federal Laws Say About Eminent Domain?

The Fifth Amendment of the United States Constitution provides the legal foundation for eminent domain across the country, including in California. It states that no person shall be deprived of private property without due process of law, nor shall private property be taken for public use without just compensation. This clause, often called the Takings Clause, ensures that when property is needed for public use, the government must compensate the owner fairly.

While the Fifth Amendment provides the constitutional basis for eminent domain, California law elaborates on the specifics of how the process works within the state. California's eminent domain laws are designed to offer a more detailed procedure for how properties are appraised and how negotiations for just compensation should proceed. These laws require that property owners be given proper notice and the opportunity to participate in a public hearing before their property can be taken. California law also mandates that the government must attempt to purchase the property before resorting to eminent domain proceedings.

What Is Inverse Condemnation?

Inverse condemnation occurs when the government informally takes private property without following the eminent domain process or fails to provide just compensation. In these cases, the property owner may file an inverse condemnation claim to receive their due compensation. This concept acknowledges that sometimes government actions or regulations can effectively diminish the value or use of private property, even without formal acquisition.

In California, proving inverse condemnation requires showing that the property was taken or damaged for public use. Peterson Law Group PC can help determine if your situation qualifies as inverse condemnation. We will assess the impact of government actions on the property's value and usability and then advocate for your rights. If successful, you may be eligible to recover the fair market value of your property and other damages related to the taking.

Why Do I Need an Eminent Domain Lawyer?

An eminent domain attorney is an essential advocate for property owners facing property seizure by the government. The lawyer's role includes evaluating the government's offer, negotiating better terms, and representing you in court if necessary. Peterson Law Group PC will conduct a thorough investigation to challenge the public use claim or to dispute the compensation amount.

Firm founder and attorney John S. Peterson deeply understands eminent domain laws in California. Our lawyers will fight to ensure you receive fair treatment and just compensation for your property. We're also always prepared to bring your public domain case to trial if that's what it takes to get fair compensation for your property — but we can usually negotiate a favorable outcome without going to court.

Call (213) 236-9720 to learn more today.