Every so often, a condemning agency may come across an exception to title indicating the existence of mineral rights 500 feet or more below the surface, with no surface right of entry. If during the last 20 years there has been no production of the minerals and no exploration, drilling, mining or development that affected…
Rutgard v. City of Los Angeles and CCP § 1245.245 (Part 1): Requirement to Use Property and Buyback at Present Market Value
The Eminent Domain Law allows a property owner to challenge the right to take property on grounds that the agency will not likely devote the property to the stated purpose within seven years. (CCP § 1250.360(d)) The recent case of Rutgard v. City of Los Angeles (2020) Cal.App. LEXIS 709 is a good reminder that…
No Appraisal Exchange In Inverse Condemnation Cases?
In an eminent domain case, the acquiring agency admits it is taking private property for a public project. Certain aspects of eminent domain law and procedure are codified in the Code of Civil Procedure, which provisions make up the Eminent Domain Law. One of these procedures requires that parties in an eminent domain case exchange…
Coronavirus And Eminent Domain
While sheltering in place with the rest of the world, I thought I would share some publications addressing interesting issues raised about the interplay between the government’s reaction to COVID-19 and the eminent domain law. See below. The Government’s Authority to Condemn Property to Combat the Coronavirus. Do Government Shutdowns for Coronavirus Invoke the Takings…
Order of Possession Pitfalls: Determining Who Are “Occupants” When Serving a Motion for Prejudgment Possession
The Eminent Domain Law allows condemning agencies to ask for permission to obtain possession of the condemned property before trial. This involves filing a motion with the court and serving a copy of the motion “on the record owner of the property and on the occupants, if any.” See Code of Civil Procedure §1255.410(b). Determining…
Upcoming Events
February 25, 2020 | Impact of People v. Sanchez (2016) 63 Cal. 4th 665 on Eminent Domain Evidence at Trial, IRWA Chapter 1 28th Annual Valuation Seminary, at Quiet Cannon Conference Center, 901 North Via San Clemente, Montebello March 5, 2020 | Eminent Domain 101: An Introduction to the Law and Policy, San Diego CA …