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The usual steps for taking private property by the government include number one determining that there’s a
public project i.e. a freeway, park or perhaps subway. Number two, uh obtaining
environmental clearance which might be in California compliance with SQA, the California Environmental Quality Act.
And then number three, making an offer to the property owner for the fair market value that the government thinks the property is worth. Those are the key
factors. After that, there are administrative hearings that apply that would establish the necessary elements,
which are that the properties necessary for the project and the projects planned and located in an area most compatible
with the greatest public use and least private injury. Those factors all weigh into whether the government can actually take the property if the property owner decides to object.
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Los Angeles, CA commercial litigation attorney Kevin Brogan talks about what the government has to prove to take someone’s property.
