Legal Question in Real Estate Law in California
Eminent Domain Property Valuation and Relocation
A property which will be subject to eminent domain is 37 years old and exists in a floodplain, thus, its assessed value will likely be much less that if the property were not located in the floodplain.In California, is the municipality required to simply offer the best-use assessed valuation or, must the municipality provide enough funds so that he property owner can find something that is comparable in nature,(age, size)understanding that the new property will not be in a floodplain and therefore will cost more than the assessed value of the house being taken?
1 Answer from Attorneys
Re: Eminent Domain Property Valuation and Relocation
The owner of condemned property is entitled to fair value, based upon appraisal. If the parties cannot agree, the owner is entitled to a jury trial. There is nothing in the law that would support an owner's claim for enough to replace in kind minus the defect of being in a floodplain.
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