Archives: Right to Take

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New Right-of-Way Regulations on Indian Lands

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

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?”

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”

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?

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

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?

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
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