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Century Law
Los Angeles Eminent Domain Attorney
Los Angeles Eminent Domain
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.
What the Government
Has to Do When They Claim Eminent Domain
Where things get really touchy is when the
government claims eminent domain on a piece of
property and then 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.