Tag Archives: Severance Damages

Transmission Line Proximity Damages — Real or Just Perceived?

Having recently worked on a number of pipeline and transmission line projects, I find the issue of proximity damages to be fascinating.  Does being adjacent to gas pipelines or electrical transmission lines diminish the value of an owner’s remaining property?  I have seen studies suggesting nearly every possible conclusion.  If you’re interested in this subject, … Continue Reading

West Covina Contests Caltrans’ Condemnation of Westfield Mall Property

According to Jason Henry’s article in the San Gabriel Valley Tribune, West Covina contests condemnation of properties at Westfield Mall, Lakes Drive, the City of West Covina plans to contest an eminent domain action filed by the California Department of Transportation (Caltrans) to acquire land near Westfield Mall needed for the expansion of the I-10 Freeway. … Continue Reading

Valuation Disputes Centering on Severance Damages and Highest & Best Use

Below are some updates on California projects have turned to eminent domain to complete right-of-way acquisition.  They involve issues that are somewhat typical in condemnation proceedings: disputes over severance damages and a property’s highest and best use.   Riverside County Flood Control Project:  According to an article in the North County Times, LAKE ELSINORE: Board authorizes … Continue Reading

Public Transit Provides Project Benefits

We recently wrapped up assisting with the acquisition of several part-takes of commercial and residential properties for a public transit project.  One of the big issues involved with each of the acquisitions centered on whether the project provided the impacted properties with benefits that would offset the potential severance damages. By way of background, when only a … Continue Reading

New Court Decision Addresses Eminent Domain Issues

The California Court of Appeal issued an interesting unpublished decision yesterday addressing a number of eminent domain issues, ranging from right to take challenges, entitlement to goodwill, severance damages, and jury instructions.  The case, City of San Luis Obispo v. Hanson, garnered enough attention that several third parties filed Amicus briefs with the Court. By way … Continue Reading

National City Adopts Resolutions of Necessity to Proceed with Eminent Domain for Road Widening

According to a San Diego Union Tribune article,"City ready to acquire land to widen Plaza Boulevard," National City has adopted resolutions of necessity in order to use eminent domain for the widening of a 1.1-mile stretch of Plaza Boulevard.  37 properties are impacted, although the City has reached agreements with a majority of the property owners. The expansion project … Continue Reading

Eminent Domain Actions Planned for Sunrise Powerlink Project

We’ve previously reported on some of the major renewable energy projects currently underway, such as Southern California Edison’s Tehachapi Renewable Energy Transmission Line Project and GE’s plans to design the largest wind farm in the world.  After a major planning effort, it appears that another renewable energy project — the Sunrise Powerlink project — may be moving forward … Continue Reading
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