Doing it the Right (of) Way: Recommended Steps for the Acquisition of Real Property by Eminent Domain
Normally, a public agency must make an offer to the owner based on an appraisal prior to initiating negotiations for the acquisition of real property and prior to adopting a resolution of necessity. Often overlooked, however, is that the precondemnation…
Read More No Offer Necessary For Subsurface Waterlines Or Sewers, But Obligation To Negotiate
Where there is a proposed partial taking from a larger parcel, the proposed project plans should show any restriction of access to the remainder required by the project. Where access will either be taken (extinguished) or partially restricted, agency staff…
Read More If Access Will Be Restricted, Be Sure to Review the Plans
Often times, property being acquired may be used for a purpose other than to provide an area for the installation of the new infrastructure. For example, an agency may be acquiring property to provide substitute utility service to, or access…
Read More Communication is Key: Drafting the Resolution of Necessity and Complaint
Government Code section 7267.2(a) states that “prior to adopting a resolution of necessity...and [before] initiating negotiations...” with the owner, the public entity must: (1) approve an appraisal; (2) make an offer to the owner no lower than the approved appraisal; and…
California’s Williamson Act, also known as the California Land Conservation Act of 1965 (Gov. Code § 51200 et seq.), provides that “it is the policy of the state to avoid, whenever practicable, the location of any state or local public…
Read More Acquisition of Properties Covered by Williamson Act Agricultural Preserve Contracts
An often overlooked pre-condemnation requirement is that the project be reviewed for consistency with the general plan. California Government Code section 65402 requires that a city, county or local agency may not acquire real property until the location, purpose, and…
Consistent with my Practice Tip to Avoid the Potential for Precondemnation Damages (November 14, 2017), I always recommended that public agencies proceed with the precondemnation process in a noncommittal and conditional manner. This is because evidence showing that the agency…
The Eminent Domain Law allows for the condemnation of property to replace property being taken from a private owner with other, substitute property. These acquisitions are referred to as “substitute takings.” One common situation occurs where a property acquisition and…
Oftentimes, an offsite acquisition is required to construct a public improvement required by the city as a condition of a subdivider’s development project, and the offsite improvement is not complete when the subdivider files a final map for approval. For…
Read More Offsite Public Improvements As A Map Condition And Developer-City Acquisition Agreements
Closing costs are fees--including escrow and title fees--associated with the purchase of real property that are paid at the close of escrow. In typical arms-length transactions, both sellers and buyers are responsible for paying some amount of the closing costs. …
