{"id":369162,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/eminent-domain-property-to-be-taken.html"},"modified":"2024-06-13T12:51:40","modified_gmt":"2024-06-13T17:51:40","slug":"eminent-domain-property-to-be-taken","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/eminent-domain-property-to-be-taken.html","title":{"rendered":"What Property May be Taken Through Eminent Domain?"},"content":{"rendered":"\n
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What Property May be Taken Through Eminent Domain? <\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

An eminent domain<\/a> action usually involves real property. But outside real estate, any property may get taken by a municipality if it happens within the legal confines of the law and is based on the Fifth Amendment’s Takings Clause<\/a>, which requires just compensation and a public purpose.<\/p>\r\n

This includes tangible and intangible property, such as franchises and contracts.<\/p>\r\n

For example, the City of Oakland notoriously tried to claim the Raiders National League Football team through eminent domain. The California Supreme Court<\/a> blocked this in 1982.<\/p>\r\n

The following article discusses which kinds of property may get taken through eminent domain. That includes property deemed a public risk and that which is "dedicated" to the public outside of the condemnation process.<\/p>\r\n

Property That’s Deemed a Risk<\/b><\/h2>\r\n

A government might take plats of land for real estate development. But when it comes to certain property, local governments begin condemnation proceedings for different reasons. Instead of taking property for public use, they might condemn it as a risk to public health or safety. This is the more appropriate use of the term "condemnation<\/a>."<\/p>\r\n

For example, the government may decide to condemn and then seize the property of an old shipyard. This is to clean up asbestos<\/a> and other environmental pollutants. The government can take any private property if its proximity to the clean-up area is unsafe. In this regard, the seizure is in the best interests of the public, even if the land ultimately is never used by the public<\/a>.<\/p>\r\n

Dedication of Property<\/b><\/h2>\r\n

A "dedication" of land is a similar form of appropriation of private land (or an easement<\/a>) for public use.<\/p>\r\n

Dedication of property can happen through:<\/p>\r\n