Originally Published in The Real Estate Finance Journal, December 17, 2012.
In eminent domain proceedings, property owners are granted the right to have a jury determine just compensation. But the presentation of...more
One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...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
While most lawsuits typically start with the filing of a complaint, eminent domain cases really start one key step earlier, with the condemning agency’s adoption of a Resolution of Necessity. The Resolution establishes (i)...more
A few weeks ago, the California Court of Appeal issued an interesting unpublished decision detailing a long, drawn-out eminent domain battle in Riverside County. I haven't blogged about it yet because, well to be honest, it...more
On occasion, public agencies decide to abandon or partially abandon an eminent domain proceeding. The most typical reason is due to a revision in project design, making the property no longer necessary for the proposed...more
The FHWA recently published a series of useful short videos on its website. For those of you working on transportation projects involving federal aid, check them out below...more
I know our blog is called the California Eminent Domain Report -- implying we only cover eminent domain-related issues, but in actuality we cover anything valuation-related. After all, our group of attorneys is known as the...more
Earlier this year in City of Livermore v. Baca, the California Court of Appeal held that as long as an expert can identify damages arising from a taking or public project, those damages likely will not qualify as speculative,...more