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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 California, a business operating on real property being acquired, in whole or in part, for a public project may make a claim for loss of goodwill and be entitled to compensation if the business operator establishes the...more
In California eminent domain cases, appraisers typically have relatively wide latitude in determining fair market value for the property to be acquired. However, there are certain rules they must follow, and when an appraiser...more
When a public agency is acquiring private property for a public project, typically the key issue in dispute is how much the agency should pay -- what is “just compensation”? ...more
In my last post, “Real Estate Alphabet Soup: I is for Improvements” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “J.” J is for “just...more
California law requires condemning agencies to make an offer of just compensation to a property owner before adopting a resolution of necessity and initiating an eminent domain lawsuit. The offer must be provided with a...more
On June 22, 2016, the Pennsylvania Commonwealth Court decided the case of Township of Millcreek v. Angela Cres Trust of June 25, 1998, 1725 C.D. 2015, which decided whether 42 Pa.C.S. § 5505 applies to eminent domain cases. ...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
It’s not every day you’re involved in a successful eminent domain case before the California Court of Appeal. It’s even more unusual when the case deals with a number of interesting legal issues, such as the enforceability...more
Gas stations and car washes are primarily owner-occupied convenience businesses, typically located near freeway off-ramps and at the intersections of well-traveled roadways. As a result, they’re frequently involved in...more
Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The...more