The document discusses eminent domain law and the power of government agencies to take private property for public use so long as just compensation is provided. It notes that this power is established in the Fifth Amendment of the US Constitution and the California Constitution, and that most government agencies and over 380 redevelopment agencies in California have this eminent domain power. However, challenges can sometimes be made if public use or necessity is not established, or to seek higher compensation than initially offered. The law firm Century Law Group can assist with challenges to seek higher compensation for taken property.
2. Eminent domain (also known as condemnation)
is the inherent power of local, state, or federal
government agencies to take a citizens private
property. The government can take the
property without the owners consent so long as
the property will be used for public use and
the owner is paid just compensation.
3. The governments right to take personal
property for public use so long as it pays
just compensation is enumerated in the Fifth
Amendment to the United States
Constitution and article I section 19 of the
California Constitution. People often refer to it
as the takings clause.
4. Most government agencies have the power of
eminent domain. In fact, over 380 municipalities
in California have created redevelopment
agencies with eminent domain power.
However, on occasion there are instances
where a successful challenge of a taking could
be made when necessity or public use is not
found.
5. More likely, a successful challenge can be
made to the governments initial
compensation offer for the taking. Century Law
Group can assist you in your attempt to seek a
higher compensation for your property interest.
