On October 13 and 14, 2022, three Burke attorneys will be presenting at the 22nd Annual Northern California Eminent Domain Conference at the Hilton Union Square, San Francisco. Alan Sozio will be presenting on the topic of highest & best use and its effect on goodwill and fixtures & equipment. Nicholas Muscolino and Chad Herrington…
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,…
Burke Partner Alan Sozio To Present At The 24th Annual Eminent Domain Conference
On March 4, 2022, Alan Sozio will be presenting at the 24th Annual Eminent Domain Conference at the Hilton Bayfront, San Diego on the topic of “The Before, During, and After of Recovering for Loss of Business Goodwill (in California)”. More information may be found by clicking the link here:
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…
Important Case Update: SCOTUS rules that private parties can condemn state-owned property under federal Natural Gas Act
Today’s blog post is from one of my Bay Area Eminent Domain Partners, Kara L. DiBiasio. You can learn more about Kara and her practice by clicking on her name. This term, in PennEast Pipeline Co. v. New Jersey, the United States Supreme Court ruled that PennEast Pipeline Co., a private party, could initiate eminent domain…