Are redevelopment agencies restricted in their use of eminent domain?
Yes. Redevelopment agencies use of condemnation is subject to strict restrictions above those applied to other California government entities. Condemnation is sometimes necessary to revitalize a dilapidated area. At times, and only as determined by the Agency board, the public good takes precedence, so long as property owners receive just compensation for their land. A redevelopment agency only uses eminent domain when necessary to accomplish projects that would not be feasible for the private market or to build public infrastructure and community buildings. The public agency must hold public hearings, pay the owner fair market value, and provide relocation benefits and assistance. Redevelopment agencies rarely use eminent domain. This is because eminent domain may only be utilized after negotiations between the agency and owner fail. As a matter of fact, Brentwood Redevelopment Agency has never used the power of eminent domain/condemnation.
