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Eminent Domain: Just Compensation in California

Updated on August 16, 2017

At Schorr Law our attorneys have experience dealing with public agencies exercising the right to take property from private individuals via Eminent Domain.  The issue in these cases typically is the owner’s right to receive just compensation for the property.   Indeed, the Federal and State law of eminent domain allows the court to determine the amount of “just compensation” for taking real property whenever the defendant (the owner of the property) contents the amount of compensation.

The standard for determining just compensation is to essentially place the owner in the same economic position the owner would have been had the property not been taken.  This necessarily involves a battle of expert appraisers to determine the highest and best use of the property.  Typically, there is disagreement among the experts retained by the taking authority and the private owner.  If common ground cannot be reached then the court will ultimately decide the value at a trial and after extensive pre-trial procedures including a mandatory settlement offer from the taking authority.

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To inquire about a free consultation with one of our California Real Estate attorneys regarding your California eminent domain matter, please contact us at (310) 954-1877, [email protected] or by filling in the contact box on this page.