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…

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 …

Often times, a public agency will be successful in negotiating a purchase and sale of occupied property without the need to file an eminent domain complaint.  However, unlike a simple arms-length sale and unless otherwise stated, an acquisition in lieu of eminent domain terminates the lease as a matter of law.  See Code Civ. Proc. § 1265.110 (“[w]here…

Normally, a public agency must make an offer to the owner based on an appraisal prior to initiating negotiations for the acquisition of real property and prior to adopting a resolution of necessity. Often overlooked, however, is that the precondemnation offer is not required when an easement is being acquired for “the construction, reconstruction, alteration,…

Where there is a proposed partial taking from a larger parcel, the proposed project plans should show any restriction of access to the remainder required by the project. Where access will either be taken (extinguished) or partially restricted, agency staff or counsel should be certain the description clearly describes the access taking and that the…

Often times, property being acquired may be used for a purpose other than to provide an area for the installation of the new infrastructure.  For example, an agency may be acquiring property to provide substitute utility service to, or access to a public road from, a property that is not be acquired but which is…