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TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Two non-profit religious institutions were given property upon

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Two non-profit religious institutions were given property upon the death of the owner of that property. The property is in Santa Ana California. The City of Santa Ana is deciding whether or not to take the property from the non-profits and declare the property an historical site. Question: do the non-profits have any recourse if the City decides to take the property from them.

Thank you for your question.

The taking of a property by the government triggers a right to compensation for the loss of the fair market value of the property. Thus, if the city wishes to actually take the property from the non-profits, it must use its eminent domain rights, which requires a jury trial to determine the fair market value (i.e. "just compensation") of the property.

The non-profits rights are therefore to either fight the assertion by the local government that the taking is for "public use", or to assert that the amount offered by the local government as compensation for the taking is inadequate.

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