Updated on December 30, 2021
There is an intersection between real estate law involving easement and eminent domain. As active real estate attorneys in both areas of law, we seldom see these two areas overlapping. But, in some situations a landowner can seek an easement through a neighboring landowner’s property through the exercise of a private right to eminent domain.
California law permits a private entity, through an eminent domain proceeding, to acquire an easement to aid its property by showing that there is “great necessity” for the taking of the easement. California Civil Code Section 1001(c)(1). What great necessity means can obviously be an issue subject to dispute.