Legal Question in Real Estate Law in California

Step by stewp How can I claim county seized property?

Asked on 7/24/13, 11:38 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It would be nice if you provided a factual background. Your question simply invites speculation.

If the property was sold at a tax foreclosure sale, you have one year to set aside the sale, but must show irregularity or invalidity in the sale. “A proceeding based on alleged invalidity or irregularity of any proceedings instituted under this chapter can only be commenced within one year after the date of execution of the tax collector’s deed.” (Rev. & Tax. Code, § 3725.)

But if the county has exercised its powers of eminent domain, there are other rules that govern the procedure, which ends up with the owner of the property getting compensation, not the property back.

Can you be a little more specific?

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Answered on 7/24/13, 12:06 pm

Timothy McCormick Libris Solutions - Dispute Resolution Services

I agree with Mr. Roach and would add that if it was seized under criminal forfeiture laws a whole OTHER set of laws and procedures would apply. It also depends on the basis of your claim - was it seized from you? Was it seized from someone else but you claim you own it or have some right in it? There is no way to answer such an unclear question.

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Answered on 7/24/13, 1:09 pm
Terry A. Nelson Nelson & Lawless

Step by step?

That is what you will pay an attorney to help you with.

If it is your property that was seized by law enforcement, you will file appropriate motions in court, depending upon what basis was used for the seizure.

If it was other seizure, such as eminent domain, abandoned property, etc., you will have to determine who has claims upon is and what kind of legal proceeding is necessary.

If you are somehow talking about someone else's property, to which you have some right, again, you will have to determine the proper procedure, if any exists.

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Answered on 7/24/13, 1:49 pm

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