California Eminent Domain Report

The Self-Help Counties Coalition's 2014 Focus on the Future Conference is just around the corner.  This year, it is taking place in Santa Clara on November 16-18.  I will be presenting on the topic "Precondemnation Planning & Early Acquisition Efforts: Best Practices to Acquire Right of Way Without Blowing Your Project's Budget" on Tuesday, November 18 from 10:30 a.m. to 12:00 p.m.  My panel includes Bijal Patel at Santa Clara Valley Transportation Authority, Chip Willett at Dokken Engineering, Rob Caringella at Jones, Roach & Caringella, and Joey Mendoza at Overland, Pacific & ...

In late September, Governor Brown signed into law AB 229 and SB 628, which are intended to finance public capital facilities or other specified projects of communitywide significance previously financed by redevelopment agencies.

AB 229 and SB 628 both seek to expand existing but underutilized Infrastructure Financing Districts (Financing Districts).

AB 229 authorizes the creation of Infrastructure and Revitalization Financing Districts (Revitalization Districts) by the legislative body of a city or county[1] to finance projects of communitywide significance pursuant ...

Most people understand the basic concept of eminent domain: the government takes someone’s private property and pays the owner just compensation for the taking.  Sometimes, however, the government takes (or damages) private property without filing an eminent domain action.  These situations end up as inverse condemnation cases, where the property owner sues the government for compensation for the taking.

Assuming the court concludes that the government has indeed taken or damaged property, the end result in an inverse condemnation case is about the same as any other eminent ...

In a published decision, the California Court of Appeal for the Second Appellate District rejected the California Coastal Commission's ("Commission") collateral estoppel argument and found that there is no rational nexus or rough proportionality between the work proposed by an applicant on a private residence a mile from the coast and a lateral public access easement imposed by the Commission as a condition of approval.  Accordingly, the easement condition amounted to an unconstitutional taking.  (Bowman v. Cal. Coastal Com. (Oct. 23, 2014).)

In 2002, the property owner of ...

The Southern California Chapter of the Appraisal Institute will be holding its 47th annual Litigation Seminar on November 13, 2014 at the City Club in Los Angeles.  I'll be presenting on the topic "The Perception of Advocacy and Consequences for the Appraiser."  John Ellis, MAI, from Integra Realty Resources, Steven Fontes, MAI, from Mission Property Advisors, and Lance Hall, from FMV Opinions, Inc., will also be on my panel and will provide excellent insights into appraiser bias and its impacts on a valuation assignment.

At the seminar, my colleague Bernadette Duran-Brown will also ...

The Contra Costa Times reported last week that the City of Pittsburg certified the environmental document for the Donlon Boulevard extension after nearly two decades of trying.  Although the vote was unanimous, the project has vocal resistance.   According to the Save Mount Diablo website, the project may induce growth, destroy a "spectacular" ranch and actually create rather than relieve traffic congestion.  That group has made clear it does not agree with the City's action.

Often once an agency has certified its environmental document, right of way acquisition soon follows.  ...

For those of you interested in hearing from eminent domain experts across the United States on hot topic condemnation issues, I hope you'll join us at the ALI-CLE's 32nd Annual Eminent domain and Land Valuation Litigation Program.  The Program will take place February 5-7, 2015, at the Hotel Nikko in San Francisco.  I'll be presenting on a panel with Dwight Merriam (Connecticut) and Mark Murkami (Hawaii) on "Denominators and Bright Lines:  The Search for the Relevant Parcel in Eminent Domain and Regulatory Takings."

If seeing me doesn't get you interested (understandably), hopefully ...

At its meeting last week, the California Transportation Commission allocated $1 billion for local streets, highways and public transit.  This means a significant amount of money will be available for city, county and regional transportation agencies who will submit their projects to Caltrans in the coming months.   You can read Caltrans District 7 Press Release here.

The projects are spread around the state and include some major funding for rail projects as well as the usual highway improvements and also show that money will be coming to several California regions.  You can see a full ...

Most of us have been inconvenienced by road construction or other public works.  Streets can be more congested, exits closed, and traffic re-routed, making it more difficult to get to the restaurants, yogurt shops, book stores and other businesses we usually frequent.  Not surprisingly, these businesses often see their revenue decline while construction continues.  Does the public agency owe these businesses anything for these losses?

The short answer for most of the country is, usually not.  Courts generally consider construction-related inconvenience part and parcel of living ...

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 will not unreasonably interfere with or impair the continuance of the existing public use. The complaint and resolution of necessity must specifically reference the Eminent Domain Law for joint public use. (Code of Civil Procedure section 1240.510). If a ...