What rights do redevelopment agencies have to use eminent domain? How often is it used?
Eminent domain is rarely used by redevelopment agencies. Most agencies acquire needed property through negotiations with the affected property owners. Eminent domain is used only as a last resort. Community Redevelopment Law gives redevelopment agencies the authority to acquire private property through eminent domain for the sole purpose of accomplishing a necessary public benefit project. The Constitution provides strict guidelines governing when and if eminent domain can be used. A redevelopment agency must: First engage in good faith negotiations with the property owner. Eminent domain is a last, not first, resort. Only after negotiations break down is the use of eminent domain an option; and Under all circumstances a property owner must be paid fair market value for his or her property as well as be provided relocation benefits and assistance.
