California Government Code § 37353 is a state law that sets limits on how local governments in California can acquire property—including when it comes to golf courses. While broadly authorizing certain types of municipal property acquisition, the statute contains an important restriction on the use of eminent domain in the context of golf courses. What…
Review for CEQA Compliance
Staff or public agency counsel should confirm the proposed property acquisition complies with the California Environmental Quality Act (CEQA). This should be done before the agency adopts a resolution of necessity authorizing the property’s condemnation. Reason. The right to take is premised on a valid resolution of necessity. Legal authority suggests CEQA compliance may be…
Considerations in the Selection of a Real Estate Appraiser
As many of you know, an offer based on an appraisal must be made to the property owner before the condemnation process may be pursued. This requires the retention of what is often referred to as a “precondemnation” appraiser. A condition of any precondemnation appraisal assignment should be that the selected appraiser commit to delivery…
Voluntary Abandonment
Any time after an eminent domain complaint is filed, including after a final judgment, a public agency may voluntarily abandon the condemnation. This means that the property is no longer being taken, and as a result the owner receives no compensation for the property being abandoned. The agency may abandon all, or just some, of…
Consider a Relocation/Construction Agreement as an Alternative to a Temporary Construction Easement
A partial taking often necessitates that alterations be made to the remaining property so that it may best adapt to the changed circumstances caused by the taking. In an earlier post from November 19, 2020, I questioned whether a temporary construction easement (TCE) was truly necessary when the work can be done by the property…
Liens, Part 2: No Penalty for Prepayment of Liens Not Yet Due
Often times, deeds of trust or other security interests arising from contract, statute, common law, or equity, include a penalty for paying off the lien before it is due. There are a number rules that apply to whether and how much of a lien can be paid off before it is due without a penalty. …