Barry A. Ross Eminent Domain Law Blog on Lawyers.com

The government's right to use eminent domain is found in the United States Constitution and the California Constitution.  These provisions have been there since the constitutions were created.  There are two primary restrictions.  First, the government must provide "just compensation."  Thism eans "fair market value."  Such is the main area of dispute in eminent domain actions.  Second, the proprty can only be taken for a "public use."  This is a controversial area.  Frequently, the government will take one person's business so that another person can conduct a business at the same location.  Sometimes the businesses themselves are the same or similar. 

For more information on Eminent Domain Law or Real Estate Law in California, contact Barry A. Ross, Esq. at 949-727-0977, e-mail: rossbarry@aol.com or visit our website at www.rossrealestatelaw.com.