Two scenarios sometimes arise when a public agency is considering acquiring only a portion of a property for a public use. First, the parties may be concerned that the remainder not taken, or portion thereof, will be left in such size, shape, or condition as to be of little value to its owner (i.e., an…
Author: Alan A. Sozio
Can Eminent Domain Cases Rely on Assessor Handbooks Regarding Valuation Questions?
Over my career, I’ve come across an eminent domain case or appraiser that cited to the State Board of Equalization Assessors’ Handbook as authority regarding a valuation proposition. This seemed odd to me. However, I recently learned the reason why. In the case of Prudential Ins. Co. v. City and County of San Francisco (1987)…
Time to Make an Election
Did you know that where there are divided interests in property acquired by eminent domain, the condemning agency is entitled to elect how the property is to be valued? Condemnors have the right to elect that the amount of compensation be first determined as between plaintiff and all defendants claiming an interest in the property….
California Appeals Court Holds Governor’s COVID-19 Public Health Orders are not a Taking of Private Property for Public Use
Today’s blog post is from one of my Bay Area Eminent Domain Partners, Nora E. Wetzel. You can learn more about Nora by clicking on her name. In the recent case 640 Tenth LP v. Gavin Newsom as Governor, the California Court of Appeals held that, among other things, the Governor’s public health orders restricting…
Proper Handling of Lis Pendens Under the Eminent Domain Law
A “notice of pendency of action” (aka “lis pendens”) means providing notice of the pendency of a legal action in which a real property claim of title or possession is alleged. [Code of Civil Procedure (CCP) § 405.2, 405.4] A lis pendens is recorded against the property affected by the claim, following which any purchaser,…
What if They Don’t leave?
So, your public agency has filed a complaint in eminent domain, and has successfully acquired an order for prejudgment possession from the Court. This order typically provides a specific timeframe for the occupants to vacate the property. But what happens if the occupants do not leave by the deadline stated in the court’s order? Never…