So eminent domain is the government’s ability to take property for a public
project. And that means that the project is ready and actually available for the
government. The government can come in and take property. The Constitution in the United States and in California
specifically state that the government cannot take private property without paying just compensation. So the while
the government has the right to take private property for a public project, it must pay just compensation. And just
compensation is set by statute or case law, whether it’s in the United States District Courts or in California. And
it’s basically the highest price property would sell for on the open market. Each
person in this hypothetical transaction knowing everything you can do and the uses that
can be made of the property, the zoning etc. So the idea is that the property owner is compensated with the highest
price that that property should would acrue for or sell for in the open market had there been no condemnation.