California Code of Civil Procedure §1240.020: A public agency may condemn property for a particular public use where the Legislature has delegated the power to condemn for that use. But what if the project’s design includes construction of a specific,…
Author: Alan A. Sozio
Overzealous Engineering: Does the Property Owner Really Want That Temporary Construction Easement?
Often times, I encounter a project design that includes a temporary construction easement (TCE) which purpose is for the agency to reconfigure/restripe an entire parking lot, or reconstruct landscaping being altered by a taking (for example, a street widening project). …
Getting Your Property Back: Rutgard and CCP section 1245.245
Mr. Sozio will discuss the recent case of Rutgard v. City of Los Angeles, which deals with a public agency’s obligation to offer the property taken to the former owner if it is not used after ten years, as well…
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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…
Rutgard v. City of Los Angeles and CCP § 1245.245 (Part 1): Requirement to Use Property and Buyback at Present Market Value
The Eminent Domain Law allows a property owner to challenge the right to take property on grounds that the agency will not likely devote the property to the stated purpose within seven years. (CCP § 1250.360(d)) The recent case of…
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…
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Coronavirus And Eminent Domain
While sheltering in place with the rest of the world, I thought I would share some publications addressing interesting issues raised about the interplay between the government’s reaction to COVID-19 and the eminent domain law. See below. The Government’s Authority…
Order of Possession Pitfalls: Determining Who Are “Occupants” When Serving a Motion for Prejudgment Possession
The Eminent Domain Law allows condemning agencies to ask for permission to obtain possession of the condemned property before trial. This involves filing a motion with the court and serving a copy of the motion “on the record owner of…
Upcoming Events
February 25, 2020 | Impact of People v. Sanchez (2016) 63 Cal. 4th 665 on Eminent Domain Evidence at Trial, IRWA Chapter 1 28th Annual Valuation Seminary, at Quiet Cannon Conference Center, 901 North Via San Clemente, Montebello March 5,…
Beware of Unintentionally Terminating a Leasehold Upon Sale
Often times, a public agency will be successful in negotiating a purchase and sale of occupied property without the need to file an eminent domain complaint. However, unlike a simple arms-length sale and unless otherwise stated, an acquisition in lieu of eminent…
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