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,…
Author: Alan A. Sozio
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…
Important Case Update: SCOTUS rules that private parties can condemn state-owned property under federal Natural Gas Act
Today’s blog post is from one of my Bay Area Eminent Domain Partners, Kara L. DiBiasio. You can learn more about Kara and her practice by clicking on her name. This term, in PennEast Pipeline Co. v. New Jersey, the United States Supreme Court ruled that PennEast Pipeline Co., a private party, could initiate eminent domain…
Paired Sales Analysis: Should your appraiser consider more than just comparable sales?
Today’s blog post is from one of my Bay Area Eminent Domain Partners, Kara L. DiBiasio. You can learn more about Kara and her practice by clicking on her name. Many appraisers determine the value of condemned property using comparable sales. But often in partial takings, owners claim a particular feature of the post-condemnation project…
Need a Survey? No Problem.
As recognized under California’s Eminent Domain Law, agencies considering the acquisition of property for a public use may need to enter and inspect the property to make photographs, studies, examinations, tests, borings, and the like. Typically, conducting such activities requires either the consent of the owner or, if the owner refuses, an order from the…