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….
Author: Alan A. Sozio
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…
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…