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 …
Beware of Unintentionally Terminating a Leasehold Upon Sale
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…
No Offer Necessary For Subsurface Waterlines Or Sewers, But Obligation To Negotiate
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,…
If Access Will Be Restricted, Be Sure to Review the Plans
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…