Staff or public agency counsel should confirm the proposed property acquisition complies with the California Environmental Quality Act (CEQA). This should be done before the agency adopts a resolution of necessity authorizing the property’s condemnation. Reason. The right to take is premised on a valid resolution of necessity. Legal authority suggests CEQA compliance may be…
Tag: eminent domain
Considerations in the Selection of a Real Estate Appraiser
As many of you know, an offer based on an appraisal must be made to the property owner before the condemnation process may be pursued. This requires the retention of what is often referred to as a “precondemnation” appraiser. A condition of any precondemnation appraisal assignment should be that the selected appraiser commit to delivery…
Voluntary Abandonment
Any time after an eminent domain complaint is filed, including after a final judgment, a public agency may voluntarily abandon the condemnation. This means that the property is no longer being taken, and as a result the owner receives no compensation for the property being abandoned. The agency may abandon all, or just some, of…
Consider a Relocation/Construction Agreement as an Alternative to a Temporary Construction Easement
A partial taking often necessitates that alterations be made to the remaining property so that it may best adapt to the changed circumstances caused by the taking. In an earlier post from November 19, 2020, I questioned whether a temporary construction easement (TCE) was truly necessary when the work can be done by the property…
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…
Excess Condemnation – Part 2
In my last post, I discussed legal authority to acquire more property than needed to construct the project where a partial acquisition would result in an uneconomic remnant. Where that occurs, the eminent domain law allows the public entity to sell, lease, exchange, or otherwise dispose of the acquired property that is not needed to…