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Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
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Regulatory Takings and Executive Power to Seize Property
In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent...more
Complete physical dispossession of a property is not a prerequisite to an award of damages after a condemnation proceeding is abandoned—moving from the property in reliance on the order granting the agency possession is...more
The City of Los Angeles was required to offer to sell condemned property back to its original owner because the property had not been used and the City Council did not adopt a resolution reauthorizing the public use until 19...more
After adopting a resolution of necessity and initiating eminent domain proceedings to acquire private property, public agencies are usually in a rush to move forward with the proposed public project. But every once in a...more
It is Christmas in July for eminent domain practitioners! We have a California Supreme Court opinion on a condemnation case, which is rare. The case, Weiss v. People ex rel. Department of Transportation (2020 Cal. LEXIS...more
Goodwill is one of the trickier areas of eminent domain law. When a governmental agency takes private property through the exercise of eminent domain powers, the agency generally must pay the property owner the fair market...more
In an unpublished opinion filed this week, the California Court of Appeal confirmed two fundamental evidentiary rules related to eminent domain matters: Before we delve into the case, here’s a basic reminder of California law...more
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