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Los Angeles Eminent Domain

Posted on February 5 2015 by Gabriela Ocampo

According to the Fifth Amendment, the government has the right to purchase property from landowners to help improve Los Angeles. The good news is that rules have been set up that require the government to meet some pretty specific criteria before they can use your property.

What the Government Has to Do When They Claim Eminent Domain

First, the government has to prove that they need to use the property you own to improve life for the general public. This has been a hot topic recently. In the beginning, eminent domain was only used to do things like building new roads, but lately, it has been used for other projects such as creating parks, schools, and government offices. Where things get really touchy is when the government claims eminent domain on a piece of property and than turns around and sells the property to a developer who wishes to use the property for something completely different.

The good news is that the government can't just say that they want your Los Angeles property. You do have to surrender your property, but they also have to provide you with fair compensation.

How Much Property is the Government Trying to Claim

One of the things that clients don't always understand is that just because the government has filed an eminent domain case it doesn't always mean that they have to give up their home. More often than not, the government doesn't need the entire piece of property and only wants to to initiate a partial taking. When a case has been made for a partial taking, the government not only has to pay the value of the land they wish to use, you should also receive compensation for the how much losing that piece of property will lower the value of the remaining property.

Temporary Eminent Domain

It doesn't happen often, but there are occasions when the Los Angeles government needs to use a piece of property, but only for a limited amount of time. This is called a temporary taking. Even though the property isn't going to be used long term and the current owner will eventually regain complete control of it, the government is legally required to provide you with fair compensation for the entire time that they have access to your property.

What to do if Los Angeles Evokes Eminent Domain on your Property

Just because the government has announced that they want to use eminent domain to get your property, it doesn't mean you are out of options. There are some steps you need to take to make sure you're being treated fairly.

What to Do if Someone Wants to Acquire your Property Through Eminent Domain

As soon as you here the words eminent domain being used in connection to your property, or with regards to a neighboring property, you need to get in touch with Century Law Group. We will make sure that the government has filed all the paperwork properly, actually intends to use the property to improve the city, and that you are being offered the fair compensation you deserve. We might even be able to work with the government and create a solution that doesn't require the use of your property. Contact us today!