Two important cases were published in December 2020 by the California Court of Appeal that have particular relevance to BDG Law Group’s public entity clients. The first case, entitled San Joaquin Regional Transit District v. Superior Court (DSS-2731 Myrtle) et al.,...
Eminent Domain
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...
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...
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...
What factors go into a “just compensation” determination?
Under the U.S. Constitution, the government is allowed to take private property in furtherance of the public interest. In exchange, the government is required to provide the landowner with “just compensation.” In an ever-growing area like Los Angeles and surrounding...
A closer look at the condemnation process
Without eminent domain, the United States would not look as it does today. No highway system would connect us across the country, and our national parks might be smaller. Our cities would certainly not look the same.However, as essential as the use of eminent domain...