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 size, shape, or condition as to be of little value to its owner (i.e., an…
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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. In the case of Prudential Ins. Co. v. City and County of San Francisco (1987)…
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 be first determined as between plaintiff and all defendants claiming an interest in the property….
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 California Court of Appeals held that, among other things, the Governor’s public health orders restricting…
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…