California’s Williamson Act, also known as the California Land Conservation Act of 1965 (Gov. Code § 51200 et seq.), provides that “it is the policy of the state to avoid, whenever practicable, the location of any state or local public improvements and improvements of public utilities, and the acquisition of land therefore, in agricultural preserves.” …
Don’t Forget The Consistency Finding!
An often overlooked pre-condemnation requirement is that the project be reviewed for consistency with the general plan. California Government Code section 65402 requires that a city, county or local agency may not acquire real property until the location, purpose, and extent of such acquisition have been submitted to and reported upon by the “planning agency”…
Using An Unavoidable Dilemma To Your Advantage
Consistent with my Practice Tip to Avoid the Potential for Precondemnation Damages (November 14, 2017), I always recommended that public agencies proceed with the precondemnation process in a noncommittal and conditional manner. This is because evidence showing that the agency has pre-committed to the acquisition can be used to challenge the agency’s otherwise lawful adoption…
Substitute Acquisitions to Provide Access
The Eminent Domain Law allows for the condemnation of property to replace property being taken from a private owner with other, substitute property. These acquisitions are referred to as “substitute takings.” One common situation occurs where a property acquisition and project cuts off another property owner’s access to utility service or public roads. Section 1240.350(a)…
Offsite Public Improvements As A Map Condition And Developer-City Acquisition Agreements
Oftentimes, an offsite acquisition is required to construct a public improvement required by the city as a condition of a subdivider’s development project, and the offsite improvement is not complete when the subdivider files a final map for approval. For example, a subdivider’s development may be conditioned upon the construction of a roadway leading up…
How to Approach Closing Costs
Closing costs are fees–including escrow and title fees–associated with the purchase of real property that are paid at the close of escrow. In typical arms-length transactions, both sellers and buyers are responsible for paying some amount of the closing costs. As discussed below, special treatment should be given to closing costs in an eminent domain…