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…

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,…