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…

Getting Your Property Back: Rutgard and CCP section 1245.245

Mr. Sozio will discuss the recent case of Rutgard v. City of Los Angeles, which deals with a public agency’s obligation to offer the property taken to the former owner if it is not used after ten years, as well as other intricacies of Section 1245.245 of the Code of Civil Procedure. The conference agenda…

Terminating Dormant Mineral Rights

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…