A California property owner learns that the state plans to widen a highway nearby. The government has not filed a condemnation action, but the proposed project is already affecting the property. Potential buyers lose interest. A planned commercial development is put on hold. An appraisal for refinancing comes in lower than expected. The government has… Read more »
A letter arrives from a government agency. The agency needs part or all of your property for a road project, utility corridor, or other public infrastructure. Attached is an offer. The agency expects a response. Receiving that letter raises immediate questions. Does the government have the right to take your property? Is the offer fair?… Read more »
When a government agency decides to take private property for a public project, it has to pay the owner for it. The whole case usually comes down to one number: the property’s fair market value. That number is set through an eminent domain appraisal. If you have received a notice that a road, rail line,… Read more »
When a California government agency takes your property or damages it without following proper procedures, you have constitutional rights. Many property owners do not realize there are two different legal paths to challenge what happened: eminent domain and inverse condemnation. The difference between eminent domain vs inverse condemnation California property owners encounter can determine whether… Read more »
Property owners in California sometimes receive unexpected requests from government agencies asking for access to private land. These requests often involve soil testing, environmental inspections, or surveys conducted before any formal eminent domain action begins. Understanding precondemnation testing limits in California is important because it determines when the government can lawfully enter private property and… Read more »
In a pleasant surprise for property owners in California, the Third District Court of Appeal ruled last week in Property Reserve v Superior Court that the state must initiate eminent domain proceedings before it can drill and fill bore holes on private property. The issues in the case were fairly straightforward, but may have larger… Read more »
