HANDBOOK CONTENTS I The Power of Eminent Domain • What is eminent domain? • What is a "public use" for which the government might be able to take my property? • Can I challenge the government's right to take my property? • If I am successful in challenging the government's right to take my property, can I keep my property and recover my costs? • If I am unsuccessful in challenging the government's right to take my property, will I have to pay for the government's costs? II The Eminent Domain Process III Just Compensation IV Retaining an Attorney
	THE CALIFORNIA EMINENT DOMAIN HANDBOOK 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.
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