Chapter I: The Power of Eminent Domain
If I am successful in challenging the government's right to take my property, can I keep my property and recover my costs?
Where a property owner successfully challenges the government's right to take his or her property by eminent domain, California law provides that the eminent domain proceeding may be dismissed. The property owner may be entitled to recover his or her litigation expenses including attorneys' and appraisers' fees incurred in the action.
However, even where a successful challenge to the right to take is made, the court has the authority under some circumstances to allow the government to correct any procedural mistakes and proceed with the taking. Moreover, even if the action is dismissed outright, the government agency may start the process all over again; prevailing on the right to take challenge does not preclude the government from acquiring the property for all time.