What is the process the government must follow before taking land?

How the answer differs across 3 jurisdictions

The Short Answer

Before expropriating land in Canada, the federal government must register and serve a notice of intention, allow the owner 30 days to object, hold a public hearing if objected to, and obtain ministerial confirmation after the hearing.

30 days
Objection deadline
1 notice
Required notice
1 hearing
Public hearing if objected
Minister
Confirms expropriation
US-CaliforniaFull article
The Short Answer

The government must follow a formal eminent domain process: file a complaint, provide notice, deposit probable compensation, hold a trial on value and necessity, and pay just compensation before taking your property.

120 days
Notice before filing
$0
Deposit required
5 years
Statute of limitations
100%
Just compensation
US-New YorkFull article
The Short Answer

The government must follow a formal eminent domain process: provide written notice, make a good-faith offer, file a petition in court, hold a public hearing, and obtain a court order confirming the taking — all while proving it serves a 'public use' and paying just compensation.

30 days
Notice before hearing
$10,000+
Offer threshold
120 days
Filing deadline after offer
Public use
Required legal basis

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.