Eminent domain trial 2025

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Property owners can fight eminent domain by proving the government isnt taking the property for a proper public use or by proving it hasnt offered the just value of the property. Property owners can hire an eminent domain lawyer who works with an experienced real estate broker to make a case.
Homeowners can refuse the initial compensation offer, at which point the government officially exercises its power of eminent domain and files for condemnation action. Property owners will be notified of any hearings and can appear in court and file objections orally or in writing.
In California, as in other states, the short answer is no you cannot outright refuse to sell your property if its subject to a valid eminent domain action. The governments eminent domain power is rooted in the U.S. Constitution and California state law. However, this doesnt mean youre without options.
Common defenses against eminent domain include: The government lacks a justified public use for eminent domain. It doesnt need to condemn the property. It hasnt offered you a fair settlement amount for your property.
Since eminent domain is widely accepted, its hard to win unless you can show that the government is not taking your property for a legitimate public use.
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When you refuse to accept the governments offer in an eminent domain case, it triggers a series of legal steps aimed at resolving the dispute. The first formal action taken by the government is the initiation of legal proceedings. This involves the government filing a lawsuit to assert its eminent domain authority.
Here are three key requirements you should be aware of: Public Purpose or Use: Eminent domain can only be exercised when there is a genuine public purpose or use. Just Compensation: Due Process of Law:

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