Eminent Domain Law Blog

· Inverse Condemnation

            Inverse condemnation is the opposite of eminent domain.  Inverse condemnation occurs when the government engages in some activity which diminishes the usefulness and value of the property.  The property or business owner requests the government to compensate for the loss of use and loss of value of the property or business.  Inverse condemnation can arise in a variety... Read More

Eminent domain is a procedure whereby the government acquires all or a portion of property for a public use upon paying just compensation.  The government may be the U.S. government, the State of California, the County of Orange, a city, a water district, a redevelopment agency, or any other government agency.  There has been much publicity about eminent domain because of the widening various freeways.  Eminent domain is not limited to freeway widening projects.  It may... Read More

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... Read More