Understanding California Eminent Domain and Easement

James Duff Murphy's Eminent Domain Legal Blogs

Licensed for 35 years

Attorney in Los Angeles, CA

One day, you may be happily enjoying the use of your home or business property, and the next you find that government agencies are seeking to acquire it for their own purposes.  Are they legally allowed to do this?  And, if so, do you have any rights or any say in the matter?

The correct answer to both of these questions is yes.  Through the process of eminent domain in California, a public agency (and in some circumstances, a private agency) is allowed to purchase private property for public use.  However, this process does give certain rights to the owner of the property—rights of which you should be aware, if your home or business is the target of an eminent domain dispute.

Know your California eminent domain rights

The firm of Oliver, Sandifer, & Murphy wants you to be aware of your eminent domain rights in California, which include the following:

The government and its agencies can acquire your property only if their reason for doing so meets certain criteria.  Specifically, it must be shown that the property sought under eminent domain in California is for public use, and that such use is necessary in order to benefit the public.

?         You have the right to obtain a fair market value offer for your property.  Eminent domain rights in California also allow you to receive a copy of the appraisal of your property that is being used by the government as the basis for the offer.

?         You may be entitled to relocation benefits, if the government does acquire property that you use as your primary residence.  If you successfully challenge the right of the government to acquire your property, you may be eligible for compensation of litigation expenses incurred during the process.

We protect your California eminent domain rights

California easement law is another area in which we offer legal assistance to clients.  Easement refers to the right of one person to use the land of another for a particular purpose.  California easement disputes can arise between neighbors, or between private property owners and government agencies who seek access to the property.  Regardless of the type of dispute, you should know you rights under current California easement laws.

Contact us for problems with eminent domain in California

Oliver, Sandifer, & Murphy are skilled California eminent domain lawyers who serve clients statewide from offices in Los Angeles and the San Francisco Bay Area.  You may contact us by calling 888-336-6246 (888-EDomain).

California easement law refers to the right of one person to use the land of another for a particular purpose.  California easement disputes can arise between neighbors, or between private property owners and government agencies who seek access to the property. 

‹ Blogs Home