Collins and Associates helps determine just compensation for eminent domain cases in Southern California.
What is the Definition of Eminent Domain
Federal, state, and local governments may take or regulate private property through their power of eminent domain.
Eminent Domain Clause in the Fifth Amendment of the US Constitution
The Fifth Amendment to the US Constitution states in part: “…nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” It requires government to provide just compensation to the owner of the private property to be taken. A variety of property rights are subject to eminent domain, such as air, water, and land rights. The government takes private property through condemnation proceedings. Throughout these proceedings, the property owner has the right of due process.
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Examples of Eminent Domain Public Use
– Fire Stations
– Police Stations
– Widening of Roads
Eminent Domain Condemnation Proceedings
Condemnation proceedings vary according to state and federal laws. A proceeding does not require court involvement if the condemnor and landowner enter into a contract for the taking of the property for a public use. Condemnation usually consists of two phases: proceedings that relate to the right of the condemnor to take the property, and proceedings to set the amount of compensation to be paid for the property taken. The commencement of the proceedings does not curtail ordinary use of the condemned property by the owner as long as the use does not substantially change the condition of the property or its value.
Eminent Domain Private Property Rights
The private property owner has the right to due process during condemnation proceedings. He or she must be notified in a timely manner and must be given a reasonable opportunity to be heard on the issues of whether the use is public and whether the compensation is just. Due process considerations mandate that the landowner receive an opportunity to present evidence and to confront or cross-examine witnesses. The owner has an automatic right to appeal and to get their own appraisal.
Eminent Domain Just Compensation Appraisal Orange County, California
Collins and Associates can assist the landowner with a property appraisal that determines the value of the private property.