Eminent Domain: Public Use Requirement
Last updated on January 5, 2025
The public use requirement mandates that property taken through eminent domain must be used for a public purpose. This could include projects like public roadways, schools, parks or other infrastructure that benefits the community. In Newport Beach and across California, we see this requirement at the core of many eminent domain cases. As experienced attorneys, we are adept at scrutinizing whether the proposed use truly serves the public or if it is a veiled attempt to benefit private interests at the expense of property owners.
At the Eminent Domain Law Center, we understand the complexities of eminent domain and the profound impact it can have on property owners like you. Our role is to help you through this process, ensuring you are well-represented and your rights are protected. A critical aspect of eminent domain cases is the public use requirement, a legal standard that must be met for the government to acquire private property.
Clients often come to us overwhelmed and unsure of their rights or options. We prioritize educating you, setting clear expectations and maintaining open communication throughout your case. Our approach as litigators is aggressive and creative, aiming for substantial settlements that reflect the true value of your property and your inconvenience.
Ensuring That The Taking Is Justified
In eminent domain, the public use requirement is a safeguard for property owners. It ensures that the taking of private property is justified by a legitimate public benefit.
Examples of public use include:
- Public roadways
- Pipelines and other utilities
- Creation of public spaces such as schools and parks
At the Eminent Domain Law Center, our attorneys have immense experience in zoning laws and public roadways laws in Southern California and throughout the state. This positions us to effectively challenge questionable uses and protect your property from unjust acquisition.
LA’s 28 By ’28 Initiative
The 28 by ’28 project in Los Angeles is an ambitious plan to accelerate the completion of 28 major transportation projects before the 2028 Summer Olympics. This initiative aims to transform the city’s infrastructure, enhancing mobility and accessibility in preparation for the events. Such large-scale developments often involve eminent domain, where understanding and challenging the public use requirement becomes crucial for affected property owners.
Can Eminent Domain Be Used For Economic Development?
The use of eminent domain for economic development remains a contentious issue. While some courts have permitted property acquisition for economic development under the public use clause, it raises significant concerns about the rights of property owners versus the economic interests of a city or state. Our team of lawyers at the Eminent Domain Law Center scrutinizes these cases to ensure that any claim of public benefit is legitimate and not merely an excuse to favor private developers.
What Can Property Owners Do If They Disagree With The Public Use Claim?
If you disagree with the public use claim in an eminent domain case, you can challenge the necessity of the taking, contesting whether the project is genuinely necessary for the public benefit. At the Eminent Domain Law Center, we will help you gather evidence that supports your position, including expert opinions, alternative project plans or impact assessments.
How Is Public Use Determined In Court?
In court, public use is determined based on the intended use of the property and the projected benefit to the public. Judges examine whether the government’s or agency’s purpose for the property acquisition aligns with constitutional provisions and serves a greater public interest rather than private entities.
What Are The Implications Of Not Meeting The Public Use Requirement?
If a project does not meet the public use requirement, the government may not proceed with the eminent domain action. This protects property owners from losing their property to projects that do not sufficiently benefit the public.
How Can Property Owners Prepare For A Public Use Challenge?
Property owners should collect comprehensive documentation about their property and the impact of the taking. Engaging with community groups, attending public hearings and staying informed about the project are also important steps.
Protect Your Property With Skilled Legal Representation
If you face an eminent domain concern, contact the Eminent Domain Law Center in Newport Beach. Call 949-208-1162 or fill out our online contact form to schedule a consultation. We offer statewide representation and can meet with you remotely or travel to your location, ensuring that wherever you are in California, you have the legal support you need.