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What if there is an objection to right to take in eminent domain?
In California, people who own real property and are facing the prospect of it being taken by a local, state or federal government entity for public use under eminent domain might object to it. The government entity will need to have a strong legal standing to follow...
Overview of a business’s right to goodwill compensation
Eminent domain and government takings of property are often necessary and are frequently helpful to the public in the long term. The government can use its power of taking property to, for instance, improve public utilities and roads. Eminent domain and other...
What can happen to cause inverse condemnation?
California public entities and landowners understand that inverse condemnation can be a complex issue. There are two type of property takings that can lead to inverse condemnation. This land seizure is usually brought by private landowners against government entities...
New Case Update: Atlantic Richfield Co. v. Christian
2020 U.S. LEXIS 2405 (2020) (USSC Docket No.17-1498) On April 20, 2020, the United States Supreme Court issued an opinion in Atlantic Richfield Co. v. Christian, on writ of certiori from the Montana Supreme Court, that involves the interplay between the Comprehensive...
Just compensation is not meant to be a windfall for landowners
When municipal entities and counties in Southern California obtain land for public use and benefit, they know that they sometimes put landowners in a tough spot. Construction for these projects can impose additional burdens on landowners, as can losing a section of...
The basics of eminent domain law in California
The state of California and its political subdivisions such as counties and municipalities have a broad power called “eminent domain.” Many people use the term “condemnation” instead of the formal legal title to refer to this power, but the end result is the same: by...
What agencies should know about California Senate Bill 1079
If California passes Senate Bill 1079, cities, counties and government agencies can seize private residential properties after 90 days of vacancy. This law applies to apartment complexes and other residential buildings owned by corporations or limited liability...
CEQA, EIRs, and the “substantial impact”
Environmental issues are huge when it comes to initiating any sort of construction in California. This is primarily due to limitations imposed by the California Environmental Quality Act. One of the biggest components of CEQA is the Environmental Impact Report, often...
A quick look at CEQA and Environmental Impact Reports
Government entities have a lot of red tape they have to clear before they can move forward with most of their projects, especially when it comes to real property. Whether its extending utility infrastructure, building new roads, or developing structures, governments...
The valuation approaches in eminent domain cases
If you’re in the process of exercising eminent domain, then you need to know the law and how to use it to your advantage. This is especially true when it comes to addressing matters related to just compensation, where one bad move could cost you or your agency A...
