Real Estate Litigation

San Diego Eminent Domain Attorney

Upholding Your Rights in Real Estate Disputes

When government agencies make plans to build roads, schools, parks or other public utilities, they often must purchase property to acquire the land needed to complete the project. The government may want total control of your property, or it may seek just a portion—if it wants to run a pipeline or utility cables through a piece of your land, for example.

It may also attempt to use the doctrine of eminent domain to take control of a blighted commercial property that is not up to code. However, keep in mind that landowners have rights, and the government cannot seize your property without following the proper procedure.

If the government is attempting to use its powers of eminent domain to purchase your home or commercial property, consult with a San Diego eminent domain attorney from Purdy & Bailey, LLP to learn more about your rights.

Our team has more than 65 years of experience with asset protection and real estate matters, including:

We can tell if you received a fair offer.

Call (858) 360-7080 to discuss your legal matter with our experienced San Diego eminent domain lawyer!

What Is Eminent Domain?

“Eminent domain” is the term used to describe the government’s right to take possession of private property to use for the public’s benefit. It can be found in both the US Constitution (Fifth Amendment) and the California Constitution (Article 1, Section 19).

Can You Contest Eminent Domain?

Most of the time, the government will succeed in using this power to obtain the property and use it how it wants. However, in some cases, the property owners have options to dispute the government’s attempts at property seizure, or at least delay the process while they make new arrangements.

You can contest this measure under three criteria:

  • The government’s offer must be fair - If the government wishes to buy your property, the offer must align with the property’s market value. With the help of an attorney, you can negotiate for an offer that properly compensates you for your sale.
  • The project must be for a public use - Many homeowners have taken the government to court because it attempted to use eminent domain, even though the project was not for public benefit. However, courts have interpreted the term “public use” very broadly: if the government believes that it can reduce blight or increase tax revenues by seizing control of your business, it likely has legal grounds to stand on, according to decisions previously made by California courts.
  • The government must follow the proper procedure - If the government does not abide by the eminent domain process, you could have legal grounds to retain possession of your property.

If the government did not perform a thorough or accurate appraisal of your property, did not provide you a properly completed copy of its own appraisal, never held a public hearing about using private land for public use, and/or never adopted a “resolution of necessity” explaining why it needs your land, then you may be able to keep your property.

Seeking a San Diego Real Estate Attorney for an Eminent Domain Dispute?

Speak with our attorneys to find out what you can do about attempts from the government to seize your property. Property owners have rights, and every situation is different. When you contact our firm, we will analyze the terrain ahead of you and explain all your possible options. With decades of experience, you can trust our insight and guidance.

Related Reading:

Contact Purdy & Bailey, LLP for more information about your legal options regarding your eminent domain case.

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