May a local agency limit compensation for taking undeveloped land to its present use value, not its highest and best use value?
City of Escondido v. Pacific Harmony Grove Development, LLC
Read More
Tag: eminent domain
Eminent Domain, the Power to Tax and Escheat
A deeper dive into California’s four main constitutional powers
Read More
Word-of-the-Week: Eminent Domain
What is eminent domain?...
Read More
Is the owner of a condemned commercial property entitled to the compensation the tenant receives for loss of goodwill?
Thee Aguila, Inc. v. Century Law Group, LLP Facts: A commercial property is condemned under the...
Read More
May a commercial property owner whose property is seized through eminent domain recover money losses for lost goodwill when they refuse to relocate?
Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops, Inc. Facts: A...
Read More
California’s use and abuse of eminent domain
Eminent domain is an issue that impacts all residents.
Read More
Is a commercial tenant entitled to compensation for loss of goodwill resulting from an eminent domain taking when they do not quantify their loss?
Facts: A commercial tenant enters into a long-term lease for a property to be used for a...
Read More
Do pre-eminent domain surveying actions constitute a taking of property entitling the owner to compensation?
Do environmental tests, conducted according to entry statutes prior to a taking of property through eminent domain, constitute a taking of the property?
Read More
May a city require developers to set aside a portion of their land without paying compensation in advance of a public works project?
Facts: A developer owns a vacant parcel of land next to a highway and submits a proposal for a...
Read More
Is a property owner required to remediate water runoff caused by improvements to a neighboring property?
When water retention becomes private condemnation.
Read More
May a request to transfer the base year value of a property taken by eminent domain to a replacement property be granted outside the state’s time limitation?
An owner’s property is taken by eminent domain.
Read More
Can a business be compensated for loss of business goodwill in an eminent domain action if the business had no goodwill to lose?
Facts: A business owner operated their business on a parcel of land. The business had yet to become profitable. The state condemned the property through eminent domain and compensated the owner for the taking in an amount which did not include compensation for any loss of business goodwill. The owner hired an expert to determine the amount of business goodwill lost due to the taking, who determined the owner lost a quantifiable amount of business goodwill.
Read More
Is an environmental impact report (EIR) needed before condemning a property for open space and recreational use?
A government agency planned to construct a public walkway over an owner’s private property, reserving the land for open space and recreational use. The plan also included improvements to be built at a later phase.
Read More
May an owner of condemned property recover damages for a decline in property value between when a project was proposed and commenced?
A government entity planned to construct a freeway bypass through an owner’s property. The government entity initially intended to seize only a portion of the owner’s property and staked out the boundaries of the partial take before commencing work. Two years later, the government entity began work and seized the entire property, providing compensation to the owner in the amount of the property’s fair market value (FMV) at the time the entire property was condemned.
Read More
The reverse eminent domain saga continues…
The city council in Richmond, California, is forging ahead with their reverse eminent domain...
Read More
Reverse eminent domain gains ground in Richmond
Richmond, California, is taking steps to enforce a reverse eminent domain taking of mortgages on underwater homes.
Read More
San Bernardino aborts plan to aid underwater homeowners
San Bernardino’s Joint Powers Authority rejected the county’s reverse eminent domain proposal....
Read More
Local government may seize property containing an easement without providing a new easement to a non-landlocked parcel
Facts: A local government sought to acquire real property through eminent domain for a highway...
Read More
Reverse eminent domain met with redlining threat
Will reverse eminent domain save or damn underwater homeowners?
Mortgage Resolution Partners (MRP) has expanded its reverse eminent domain proposal to include homeowners delinquent or in default on their loans. However, representatives of Wall Street, the mortgage industry, the Federal Housing Finance Agency (FHFA) and financial trade associations continue to…
Read More
Education
Quilix
Your weekly California real estate news digest.
Resources
Games
Get to know us
Products & Services
