Most precondemnation deposits of probable compensation are sent to the State Treasury as provided in Section 1255.010 of the Code of Civil Procedure. (See Code Civ. Proc. § 1255.070) That money is held, invested, deposited and disbursed in the manner specified in Article 10 (commencing with Section 16429) of the Government Code. Interest earned on…
Liens
It is a common perception that lienholders like to be paid first when a property owner is compensated following the acquisition of property. However, California’s Eminent Domain Law thinks differently when only a partial taking occurs. Section 1265.225(a) of the Code of Civil Procedure provides that, when only a partial taking of property occurs, a…
Condemning Future Interests – Part 2
In my last post, I discussed how contingent future interests are valued, where it is shown the contingent future interest holders are entitled to compensation under Section 1265.410(a)(1). But what if they are not? What are the rules for valuing the property then? Subsection (b) to speaks to this situation. Where the use restriction requires…
Condemning Future Interests – Part 1
Where there are contingent future interests in property acquired by eminent domain, the future interest holders may be entitled to compensation. This is because the value of the fee owner’s interest in the property is diminished to the extent of the value of the contingent future interest. Thus, any award for the value of the…
What is a Disclaimer?
A public agency’s goal in condemning property is often to acquire it free of all claims by third parties to any of the “bundle of rights” associated with it. For this reason, agency attorneys typically name as defendants all of the holders of legal interests (easements, liens, deeds of trust, etc.) listed on title, as…
Alan Sozio To Present At The CLE International California Eminent Domain Conference
Burke Eminent Domain partner Alan A. Sozio will present “What Appraisers Don’t Understand About Depositions and Testifying in Court, and What They Need to Know” at the CLE International /Eminent Domain Institute’s 26th annual California Eminent Domain Conference, taking place on February 8-9, 2023, at the Hotel Fera in Anaheim, California. The CLE-accredited Conference will provide multiple perspectives on the…