April to Be a Busy Month for Southern California Eminent Domain Practitioners

Posted on March 31, 2010 by Rick E. Rayl

If you are an eminent domain attorney, a right-of-way agent, or an appraiser working in Southern California, you will have ample opportunities to expand your horizons (or at least your networking circles) in April.  Here's just a sampling of what's coming up locally:

  • April 13:  IRWA Chapter 67 (Orange County) is holding its monthly lunch meeting.  Orange County Assessor Webster J. Guillory will be speaking.  As usual, the event will be held at the Holiday Inn, Orange County Airport, 2726 South Grand Avenue, Santa Ana, commencing at noon. 
  • April 14:  IRWA Chapter 57 (Inland Empire) is holding its monthly lunch meeting.  James M. (Mike) Hart, a licensed land surveyor, will be providing an overview of the structure of bearings.   The meeting will be at the Riverside Convention Center, 3443 Orange Street, Riverside, California. 
  •  April 27:  IRWA Chapter 1 is holding its 2010 Valuation Seminar.  This all-day event has a wonderful panel.  And, for those wondering how things are working in the Los Angeles County Superior Court now that Department 59 has been closed, Commissioner Mitchell is a recent addition to the list of speakers.  The seminar is being held at the Quiet Cannon, 901 North Via San Clemente, Montebello.

And, finally, if that isn't all the eminent domain you can handle, IRWA Chapter 67 is holding its 2010 Spring Seminar, Renewable Energy – The Shift of Power on May 11.  I will be speaking on some of the unique issues that can arise in eminent domain when renewable energy projects (or potential highest and best uses) come into play.  More about that as it gets closer. 

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LACSC's "Eminent Domain" Department 59 to Close February 22

Posted on February 9, 2010 by Rick E. Rayl

Our office received notice yesterday afternoon that due to the current fiscal crisis, the Los Angeles County Superior Court is closing Department 59, effective February 22.  Everyone who practices eminent domain in Los Angeles knows about Department 59, the Department designated for eminent domain cases in Los Angeles County. 

Commissioner Mitchell has been handling eminent domain cases in Department 59 for many years, and his knowledge of this unique area of law has made pretrial procedures in Los Angeles run smoother than anywhere else in Southern California.   Even for those attorneys who grew to hate the peculiarities of the onerous local rules for eminent domain in Los Angeles, at least the cases in Department 59 were processed with some consistency and predictability. 

Commencing February 23, things will change.  There will no longer be a designated eminent domain department; pending cases will be reassigned to other courtrooms.  And, presumably, new filings will be assigned along with other general civil filings, to myriad courtrooms. 

We at Nossaman wish Commissioner Mitchell all the best in his new assignment.  (We also wonder what this may mean for the proposed changes to the local rules -- a process Commissioner Mitchell was spearheading.) 

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Southern California Eminent Domain Attorneys Discuss Proposed Changes to Los Angeles Eminent Domain Rules

Posted on November 6, 2009 by Rick E. Rayl

Eminent domain lawyers who practice in Los Angeles County Superior Court are all familiar with LA County's detailed local rules on eminent domain -- "Chapter 16."   Chapter 16 is the chapter in the Los Angeles County local rules that deals specifically with eminent domain, and it contains meticulous procedural rules for the conduct of condemnation cases in Los Angeles. 

Key provisions involve an elaborate "First Pretrial Conference" requiring a substantial, joint written submission to Department 59 (the LA County eminent domain department), along with detailed expert exchange requirements that go well beyond the Statement of Valuation Data required under California law.  (The state-wide requirements for the contents of a Statement of Valuation Data appear in Code of Civil Procedure section 1258.260.)

Last week, Commissioner Mitchell held a meeting of local eminent domain attorneys to discuss proposed changes to the local rules for eminent domain [PDF].  A key purpose of the meeting was to obtain input from the attorneys who live with these rules every day about the proposed changes. 

At this point, nothing has been decided about any changes to Chapter 16; indeed, the next step may involve the formation of a small committee to analyze what changes are appropriate.  However, the proposal and the discussion at last week's meeting are informative.   Indeed, the very fact that the court is taking into account the views of the eminent domain attorneys who will be most affected by any changes that occur indicates the process is likely to be well thought out. 

The proposal changes dramatically the requirements for the "First Pretrial Conference," converting it to a more standard "Case Management Conference" format, and eliminating many of the more time consuming joint requirements. This could fundamentally change pre-trial procedures in Los Angeles condemnation cases.

Perhaps even more significantly, much of the discussion at last week's meeting focused on the appraisal requirements and, more particularly, the detailed exchange requirements under the existing Appendix A. As Chapter 16 currently reads, Los Angeles requires parties to exchange a complete appraisal report during the expert exchange. In fact, Appendix A mandates the contents of that appraisal report, and the rules provide for an in camera review of appraisal reports by Commissioner Mitchell prior to their being exchanged.

One of the things being considered is the elimination of Appendix A and the appraisal requirements generally.  If this gets adopted, Los Angeles may fall in line with the rest of California, requiring only the statutorily-mandated Statement of Valuation Data, rather than a full-blown appraisal report.  Even if Appendix A is not eliminated, there was consensus among the attorneys present at the meeting that it must be reworked, especially with respect to appraisals for business goodwill.

This may not be a fast process, as the County-wide plan is to implement wholesale changes to the local rules in January 2011.  Los Angeles appraisers and eminent domain attorneys will be interested to see how this develops -- we will let you know what happens next.
 
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