Burke, Williams & Sorensen, LLP is pleased to announce that Brenda Aguilar-Guerrero has joined the firm’s Eminent Domain and Inverse Condemnation practice group as a partner. Brenda has represented public entities on complex eminent domain and inverse condemnation matters for…
Author: Alan A. Sozio
Burke partners Alan Sozio, Nicholas Muscolino and Chad Herrington to present at the 22nd Annual Eminent Domain Conference in Northern California
On October 13 and 14, 2022, three Burke attorneys will be presenting at the 22nd Annual Northern California Eminent Domain Conference at the Hilton Union Square, San Francisco. Alan Sozio will be presenting on the topic of highest & best…
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…
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Burke Partner Alan Sozio To Present At The 24th Annual Eminent Domain Conference
On March 4, 2022, Alan Sozio will be presenting at the 24th Annual Eminent Domain Conference at the Hilton Bayfront, San Diego on the topic of “The Before, During, and After of Recovering for Loss of Business Goodwill (in California)”. …
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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…
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…
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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…
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…
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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…
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…