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…

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 …

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…