Header graphic for print
California Eminent Domain Report "…nor shall private property be taken for public use, without just compensation."

Category Archives: Right to Take

Subscribe to Right to Take RSS Feed

New Right-of-Way Regulations on Indian Lands

Posted in Possession, Right to Take

Every once in a while, infrastructure projects we’re working on involve traversing Indian lands.  For those of you involved in such projects, you should take a look at the Final Rule published by the Department of the Interior, which went into effect last month.  The Federal Register summarizes the Final Rule as follows: This final rule comprehensively… Continue Reading

Eminent Domain for Public Improvements Supporting Private Development Projects

Posted in Right to Take

With the improving real estate economy, there have been an influx of new large development projects throughout California.  With these new proposed developments, it is common for local government agencies to require public improvements — such as streets or utilities — to support the influx of traffic and people to a previously undeveloped area.  Those public… Continue Reading

How Hard Does it Have to Rain Before the Government is Liable for a “Condemnation Cloud?”

Posted in Right to Take, Valuation

Public projects take years of planning and environmental review usually involving outreach to neighboring property owners and other stakeholders. During this process, potential right of way impacts are identified and property owners (and their potential buyers or tenants) become aware of the planned project. As we have described in the past, this can result in… Continue Reading

Federal Court States Rationale for U.S. Take of California Land a “Sham”

Posted in Court Decisions, Right to Take

The question now is, is the court’s statement merely a bump in the road or a roadblock?  The United States filed the eminent domain action seeking to condemn certain access rights so it could increase its profitability when it sold vacant federal land in Alameda County, California.  In its complaint and declaration of taking, the United States… Continue Reading

Challenging the Right to Take: What Happens When a Government Agency Requires a Property that is Already Devoted to a Public Use?

Posted in Right to Take

Often times government agencies require property for a public project that is already put to a public use. What are the acquiring agency’s options, assuming an agreement cannot be reached prior to filing a condemnation action? 1.  A condemning agency may acquire property that is already devoted to a public use if the proposed use… Continue Reading

Considering the Eminent Domain of Sports Franchises

Posted in Right to Take

In a thought-provoking article, Anthony F. Della Pelle considers the interesting question of whether the City of Los Angeles could simply “take” the LA Clippers via eminent domain.  One might typically associate California’s Eminent Domain Law with the taking of land for public utility easements or mass transit projects.  Della Pelle was inspired by an… Continue Reading

Relocation Benefits and Eminent Domain: How do they Fit Together?

Posted in Right to Take, Valuation

One issue that eminent domain attorneys face routinely involves helping businesses obtain the relocation benefits to which they are entitled under the law, while at the same time pursuing a claim for lost business goodwill.  To us, there is a clear difference between the two, as we are indoctrinated early in our careers into understanding that… Continue Reading

Two Steps Forward and Two Steps Back

Posted in Right to Take

Before you get your hopes up, this is not a reference to "Opposites Attract" by Paula Abdul, and I will not be singing.  Rather, I am referring to the Montana Legislature’s recent decision to repeal a two-year-old law that gave private power-line developers the authority to condemn private property.  The 2011 law was passed in… Continue Reading

Eminent Domain 2011 Year in Review

Posted in Redevelopment, Right to Take

We’re looking back on 2011’s wild ride and looking forward to the twists and turns still in front of us in 2012.  We’ve summarized all of this into the 2011 version of our annual Eminent Domain Year in Review piece. For those who don’t want to take the time to read the actual article, here… Continue Reading

The Continuing Clash Between Eminent Domain Deposits and Right-to-Take Challenges

Posted in Court Decisions, Right to Take

One of the peculiarities with California’s eminent domain law lies with the way it addresses situations in which an agency makes a deposit of probable compensation in a case in which one or more of the defendants raise a right-to-take challenge.  The issue came to a head yet again, with the California Supreme Court holding… Continue Reading

Rancho Cordova Redevelopment Agency Hit With Big Eminent Domain Jury Verdict

Posted in Court Decisions, Redevelopment, Right to Take

As you may recall, we’ve been closely following an eminent domain action pending in Sacramento County Superior Court involving the Rancho Cordova Redevelopment Agency.  The case involves the RDA’s efforts to acquire a 9-acre site owned by the Lily Company.  After the property owner lost its challenge to the RDA’s right to take the property, the case… Continue Reading

Oceanside Hospital to Use Eminent Domain, but is it Proper?

Posted in Right to Take

Eminent domain is typically used in the context of a freeway widening, a grade separation project, a utility corridor, or perhaps a new school.  It’s not often you hear about the use of eminent domain in the healthcare industry.  But it does happen.  Take a recent example in Oceanside:  the Tri-City Medical Center, a public hospital, is… Continue Reading

Petition for Supreme Court Review Seeks Clarification of Pretext Post Kelo

Posted in Court Decisions, Right to Take

As originally reported by Robert Thomas at inversecondemnation.com, a petition for certiorari was filed asking the U.S. Supreme Court to address "[w]hat category of takings are subject to heightened judicial scrutiny, and when is the risk of undetected favoritism so acute that an exercise of eminent domain can be presumed invalid?"  While Justice Kennedy brought this issue… Continue Reading

Azusa Property Owner Loses Right to Take Challenge, Settles Eminent Domain Action

Posted in Redevelopment, Right to Take

Roy Fowler’s Furniture Station has been a well-known staple within the City of Azusa.  The 39-year-old store has witnessed much change in the area known as Corky’s Corner.  However, the store is now officially shutting down after the City of Azusa acquired the property through eminent domain. According to an article in the San Gabriel Valley Tribune, "Long-time Azusa furniture… Continue Reading

A More Personal View of the Redevelopment Fight from National City

Posted in Redevelopment, Right to Take

We’ve blogged a lot in the past two months about redevelopment issues and the Governor’s plan to help right California’s budget by, among other things, eliminating redevelopment agencies.  But most of what we’ve written has viewed redevelopment from the 30,000 foot level.  For policy-making decisions, viewing the big picture is hugely important.  But a case… Continue Reading

Redding Redevelopment Agency Moves Forward With Eminent Domain; More on the Way?

Posted in Redevelopment, Right to Take

Recently we’ve been reporting on redevelopment agencies’ efforts to utilize redevelopment funds before they’re no more under new proposed legislation.  Whether you agree or disagree with the existence of redevelopment agencies, sometimes those agencies acquire properties on behalf of other government entities for undisputed public purposes.  For example, the Redding Redevelopment Agency is currently acting… Continue Reading

Redevelopment Agencies and Eminent Domain: Well-Reasoned Article Misses Part of the Picture

Posted in Redevelopment, Right to Take

Over the weekend, Chlorinated Liberty posted a pretty good article that articulates the primary reasons people cite as the basis for abolishing redevelopment agencies.  The article, "How Eliminating California’s Redevelopment Agencies Spurs Economic Growth," takes a reasoned approach to why the free market is better equipped to handle redevelopment and blight remediation than the government… Continue Reading

Article Evidences Continued Confusion Over Eminent Domain, Proposition 99

Posted in Redevelopment, Right to Take

A January 27 article in California Watch, "Eminent domain battles rage on despite Prop. 99," reflects the ongoing confusion that surrounds the efforts to reform eminent domain in the aftermath of the Supreme Court’s 2005 Kelo decision.  The article’s premise is that Proposition 99, approved by California’s voters in 2008, did not stop what the… Continue Reading

Supreme Court Declines to Hear Key Eminent Domain Case

Posted in Court Decisions, Right to Take

Ever since the Supreme Court issued its infamous 2005 Kelo decision, people have been anxiously awaiting the Court’s next opportunity to weigh in on the extent of the government’s eminent domain authority and, in particular, the limits (if any) created by the "public use" requirement.  One of the cases that has been watched closely involves efforts to expand… Continue Reading