Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more
5/23/2019
/ Appeals ,
Caltrans ,
Construction Project ,
Easements ,
Eminent Domain ,
Highways ,
Inverse Condemnation ,
Just Compensation ,
Property Owners ,
Property Valuation ,
Public Projects ,
Real Estate Market ,
State and Local Government ,
Transportation Industry
More than 50 years ago, Caltrans purchased roughly 500 homes under threat of eminent domain within the planned right-of-way for the anticipated construction of the I-710 freeway (linking Monterey Park to Pasadena). ...more
When the government physically takes or occupies property without first going through the rigorous procedural requirements under California eminent domain law, usually it’s a clear-cut case of inverse condemnation liability. ...more
With the passing of California’s new gas tax (SB1) earlier this year, local government agencies have come across a new source of funding to complete public infrastructure projects. According to an article in the Ceres...more
12/11/2017
/ Caltrans ,
Eminent Domain ,
Gas Taxes ,
Highways ,
Infrastructure ,
Inverse Condemnation ,
New Legislation ,
Public Projects ,
Real Estate Market ,
Tax Revenues ,
Transportation Industry ,
Urban Planning & Development
We’ve previously reported on the recent passage of Senate Bill 1 (SB 1), The Road Repair and Accountability Act of 2017, which will raise approximately $52 billion in funding over the next 10 years specifically for...more
For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more
11/4/2015
/ Appraisal ,
Attorney's Fees ,
Caltrans ,
Eminent Domain ,
Highways ,
Just Compensation ,
Litigation Fees & Costs ,
Property Owners ,
Settlement Offer ,
Severance Damages ,
Takings Clause
In California eminent domain actions, the parties are required to exchange formal settlement proposals 20 days before trial. If the case proceeds to trial, the property owner may recover litigation expenses if its demand was...more
More than 50 years ago, Caltrans purchased roughly 500 homes under threat of eminent domain within the planned right-of-way for the anticipated construction of the I-710 freeway (linking Monterey Park to Pasadena). That...more
The California Department of Transportation (Caltrans) and the owner of Silveira Ranch are involved in an interesting valuation dispute stemming from Caltrans' acquisition of part of the ranchland needed for Highway 101...more
As we mentioned in our recent 2012 Eminent Domain Year in Review, we've seen a boom of infrastructure projects in California -- a trend we expect to continue into the near future. So what exactly are we talking about? ...more
California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more
Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more