Tag Archives: Articles

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

Redevelopment Wind-Down: A Few Random Thoughts

I saw a couple of California redevelopment-related stories over the past week that seemed worthy of at least a brief comment. First, a court decision involving a rather bold argument by a public agency. The City of Loma Linda, like so many California cities, used to have a redevelopment agency.  That redevelopment agency acquired property and embarked on … Continue Reading

Condeming Underwater Mortgages: Another Look at the Legality of It

OK, I’ll admit it.  A year ago I thought this whole condemnation-of-underwater-mortgages thing would die off pretty quickly.  I predicted we’d never see any large-scale condemnation effort.  So far, I’ve missed badly on the first prediction — but it remains to be seen whether I’m right on the second one. To date (unless I’ve missed something), … Continue Reading

More Reports on San Bernardino’s Decision to Abandon Underwater Mortgage Eminent Domain Plan

Given how much publicity the proposal to condemn underwater mortgages received when it first appeared last summer, I suppose it’s not surprising that San Bernardino’s decision last week not to move forward has also garnered a lot of attention.  Still, it’s been hard to keep up with the many articles on the subject these past few days. … Continue Reading

Eminent Domain and Underwater Mortgages: Federal Government to Weigh in on Proposal

This underwater mortgage / eminent domain issue does not appear to be going away any time soon.  Along with eminent domain attorneys Robert Thomas from Hawaii, Casey Pipes from Alabama, and Tom Olsen from New Jersey, I spoke last Friday at the ABA Annual Meeting in Chicago — one of the cities apparently considering the plan.  The presentation … Continue Reading

Condemnation of Underwater Mortgages: Some Feedback and Additional Observations

Over the past few days, I’ve had several conversations and have received a number of emails concerning the underwater mortgage series I posted recently. Rick Friess, one of my former colleagues, commented on the series and provided two additional sources of concern.  Because I suspect many people missed his comment, I’m copying it here: I … Continue Reading
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