The government has a sovereign right to force private property owners to sell their property for public use, through “eminent domain” proceedings. (Rose v. State (1942) 19 Cal. 2d 713, 719.) When the government evokes this right, it is obligated to pay “just compensation” to the owner of the subject property. (U.S. Const. Amend. V and XIV; Cal. Const. Art. I, § 19.) In this blog post, we will discuss some of what defines the concept of just compensation.
The Courts are granted the power to determine “just compensation”. Under the principle behind that concept, the government must put the owner in as good a position as he would have been if his property had not been taken. (U.S. Const. amend. V; Cal. Const., art. 1, § 19; City of Carlsbad v. Rudvalis (2003) 109 Cal. App. 4th 667.) In order to accomplish this, the government owes the property owner the fair market value of his property. (Code Civ. Proc., § 1263.310) The Legislature has defined the fair market value of property as the highest price that would be agreed to by a seller on the date of valuation. (Code Civ. Proc., § 1263.320, subd. (a).)
It goes without saying that that the definition for fair market leaves a lot of room for debate as to the value of any given property. Whether you are negotiating with a governmental entity or proving the value of your property to the Court, property owners must be vigilant in proving the “highest price” of their property.
As a Los Angeles based real estate litigation firm that has litigated countless cases centering on the value of property, the attorneys at Schorr Law, APC are in a unique position to handle eminent domain matters. For more information or a free consultation, regarding your eminent domain dispute, please contact us at 310-954-1877 or email@example.com