One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more
8/30/2016
/ CA Supreme Court ,
Condemnation ,
Constitutional Challenges ,
Eminent Domain ,
Essential Nexus ,
Fifth Amendment ,
Just Compensation ,
Land Developers ,
Property Dedication ,
Property Owners ,
Property Valuation ,
Public Use ,
Real Estate Market ,
Reversal ,
Zoning Laws
Every year or so, a new appellate court decision comes out addressing the proper role of the judge versus the jury on some certain eminent domain issue. Most recently, a trial court, appellate court and the California Supreme...more
8/18/2016
/ Appeals ,
Bench Trial ,
CA Supreme Court ,
Constitutional Challenges ,
Eminent Domain ,
Essential Nexus ,
Judges ,
Jury Trial ,
Just Compensation ,
Property Dedication ,
Public Purpose ,
Public Use ,
Remand ,
Reversal ,
Zoning Laws
We all knew this was coming (see my post from July 23). If you poke a sleeping giant, it's going to file a lawsuit against you in federal court. Yesterday, in response to the City of Richmond's preliminary actions to...more