Burke, Williams & Sorensen, LLP Expands Eminent Domain Practice with Brenda Aguilar-Guerrero

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 more than 25 years and has assisted clients with large, complex multibillion-dollar infrastructure projects requiring…

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…