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…

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…

No Appraisal Exchange In Inverse Condemnation Cases?

In an eminent domain case, the acquiring agency admits it is taking private property for a public project.   Certain aspects of eminent domain law and procedure are codified in the Code of Civil Procedure, which provisions make up the Eminent Domain Law.  One of these procedures requires that parties in an eminent domain case exchange…