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…
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…
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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…
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…
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…
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…
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.…
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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…
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