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….

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…

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…