The Power Of Eminent Domain And California Farmers And Ranchers Today
“The government’s power to condemn and take property is essential for many beneficial public infrastructure projects. However, the government’s legitimate exercise of the power of eminent domain for the public good must be balanced against the rights of private property owners and individuals. The basic limitations on the government’s power of eminent domain are the statutory procedures that the government must follow and a landowner’s constitutional right to just compensation and due process.
With several large regional or statewide infrastructure projects in the planning stages, government eminent domain issues have surfaced for rural landowners in many parts of California. Public works under consideration range from water and flood-control projects to utility upgrades to major transportation projects such as California High Speed Rail, a statewide train system for which construction is slated to start in the Central Valley.
The “Overview of the Eminent Domain Process” provided below and available in PDF form here is intended to serve as a resource and general starting point for Farm Bureau members and others who wish to gain a better understanding of the eminent domain process. For private landowners who may be impacted by a proposed public infrastructure project, an understanding of the process is necessary to ensure that one’s legal rights, property, family, and farming or ranching operation are adequately protected.”
California Farm Bureau Federation 3 March 2013.
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