Recovery of Property Taken in Eminent Domain

Recovery of Property Taken in Eminent Domain

Under California’s Code of Civil Procedure 1245.245, there is a limited right to buy back property taken in eminent domain. If after ten years, the property has NOT been used for the purpose for which it was taken, the government must either pass another resolution reauthorizing the use (from which a new ten year period would start) or offer to sell the property back to those from whom it was taken. The offer must be made at CURRENT fair market value for all property other than single-family residences. For single-family residences, the offer must be made at the same price the government paid in eminent domain, adjusted for inflation, if it will be owner-occupied for at least five years or if it will be owned by people having low to moderate incomes as certified and determined by the government. Sometimes the original owners have died or cannot be located. The law requires that the government take limited steps to search for them, but the amount of time that has passed may make finding them or their successors difficult. However, even if no one is found and the property is sold by the government as excess land, the government must hold any financial gain is achieved from the sale for the persons from whom it acquired the land.

If you require more information contact the Law Offices of Callanan, Rogers & Dzida, LLP today.

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