Where there are contingent future interests in property acquired by eminent domain, the future interest holders may be entitled to compensation. This is because the value of the fee owner's interest in the property is diminished to the extent of…
Author: Alan A. Sozio
What is a Disclaimer?
A public agency’s goal in condemning property is often to acquire it free of all claims by third parties to any of the “bundle of rights” associated with it. For this reason, agency attorneys typically name as defendants all of…
Alan Sozio To Present At The CLE International California Eminent Domain Conference
Burke Eminent Domain partner Alan A. Sozio will present “What Appraisers Don’t Understand About Depositions and Testifying in Court, and What They Need to Know” at the CLE International /Eminent Domain Institute’s 26th annual California Eminent Domain Conference, taking place on February 8-9, 2023, at…
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Issues Regarding Personal Property
Under the eminent domain law, personal property, inventory, and equipment not affixed to the realty being condemned (e.g., a computer, furniture, clothing, cooking tools, or small appliances) is usually not compensable since the personal property has not been “taken” or…
Excess Condemnation – Part 2
In my last post, I discussed legal authority to acquire more property than needed to construct the project where a partial acquisition would result in an uneconomic remnant. Where that occurs, the eminent domain law allows the public entity to…
Excess Condemnation – Part 1
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…
Burke Partner Alan Sozio to Present at the 25th Annual Eminent Domain Conference
Burke partner Alan Sozio will speak at the 25th Annual California Eminent Domain Conference in Anaheim on "The Domino Effect on Goodwill and FF&E (Furniture, Fixtures, and Equipment)." Click here for more information and to register.
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.…
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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…
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…