Burke Eminent Domain partner Alan A. Sozio will present “What Appraisers Don’t Understand About Depositions and Testifying in Court, and What They Need to Know” at the CLE International /Eminent Domain Institute’s 26th annual California Eminent Domain Conference, taking place on February 8-9, 2023, at the Hotel Fera in Anaheim, California. The CLE-accredited Conference will provide multiple perspectives on the…
Issues Regarding Personal Property
Under the eminent domain law, personal property, inventory, and equipment not affixed to the realty being condemned (e.g., a computer, furniture, clothing, cooking tools, or small appliances) is usually not compensable since the personal property has not been “taken” or damaged by the condemnation process itself. This is because the personal property’s owner has a…
Excess Condemnation – Part 2
In my last post, I discussed legal authority to acquire more property than needed to construct the project where a partial acquisition would result in an uneconomic remnant. Where that occurs, the eminent domain law allows the public entity to sell, lease, exchange, or otherwise dispose of the acquired property that is not needed to…
Excess Condemnation – Part 1
Two scenarios sometimes arise when a public agency is considering acquiring only a portion of a property for a public use. First, the parties may be concerned that the remainder not taken, or portion thereof, will be left in such size, shape, or condition as to be of little value to its owner (i.e., an…
Burke Partner Alan Sozio to Present at the 25th Annual Eminent Domain Conference
Burke partner Alan Sozio will speak at the 25th Annual California Eminent Domain Conference in Anaheim on “The Domino Effect on Goodwill and FF&E (Furniture, Fixtures, and Equipment).” Click here for more information and to register.
Can Eminent Domain Cases Rely on Assessor Handbooks Regarding Valuation Questions?
Over my career, I’ve come across an eminent domain case or appraiser that cited to the State Board of Equalization Assessors’ Handbook as authority regarding a valuation proposition. This seemed odd to me. However, I recently learned the reason why. In the case of Prudential Ins. Co. v. City and County of San Francisco (1987)…