A Few Rules About Comparable Sales and Leases in Eminent Domain Cases

An appraiser may take into account any sale or contract to sell, or a lease regarding the property being condemned or comparable property, if freely made in good faith and occurred before the filing of the lis pendens. [Evid. Code §§ 815, 816, 817]  Note that forced sales of property — such as those under…

Need a Survey? No Problem.

As recognized under California’s Eminent Domain Law, agencies considering the acquisition of property for a public use may need to enter and inspect the property to make photographs, studies, examinations, tests, borings, and the like.  Typically, conducting such activities requires either the consent of the owner or, if the owner refuses, an order from the…

Extraterritorial Condemnation

Unless authorized by statute, Section 1240.050 of the Eminent Domain Law precludes a local public entity from acquiring property by eminent domain outside its territorial limits.  An exception exists where such power is expressly granted by statute or necessarily implied as an incident of one of its other statutory powers.  A number of statutes specifically…