• Posts by Aleene Madikians
    Associate

    Aleene Madikians represents public and private sector clients through all stages of civil litigation primarily focusing on eminent domain and land use matters. She has advised numerous public agencies on complex property ...

Rights Included in Rights-of-Way

Join me on January 8, 2024, as I present “Rights Included in Rights-of-Way” during “California Highway and Utility Rights-of-Way,” a webinar hosted by HalfMoon Education. During my presentation, I will discuss the condemnation process, landowner rights, maintenance of rights-of-way, alterations and encroachments and different types of rights-of-way used for highway purposes.

HalfMoon Education is a nonprofit continuing education provider whose mission is to develop and sponsor high-quality, timely and competitively-priced continuing education seminars ...

Posted in Possession
Adverse Possession Between Public Entities: A Loophole or a Pipedream

A question that arises with some frequency in our practice is whether a public entity can adversely possess a property interest against another public entity. The general rule of thumb is that a private entity cannot obtain an interest in real property owned by a public entity through adverse possession. This rule is in part based off of the long-established principle nullum tempus occurrit regi, which means "time does not run against the king."

In California, this common law principle has been affirmed and reaffirmed for over a century in our courts and has been codified by the ...

Join Us for a Webinar on “Partial Acquisitions: Project Benefits and Mitigation Strategies Related to Offsetting Severance Damages”

Join us on November 16th from 1:00 to 2:00 p.m. PT as we discuss “Partial Acquisitions: Project Benefits and Mitigation Strategies Related to Offsetting Severance Damages.” We are excited to host this webinar along with our guest speakers, Alison Roach and Robert Caringella from Jones, Roach & Caringella, Inc.

During this webinar, we will provide:

  • A legal primer on severance damages in partial acquisitions;
  • An in-depth review of the legal standards granting condemning entities the ability to offset severance damages with project benefits; and
  • An examination of case studies ...
Posted in Water
Granting of Water Supplies Vitiates Public Entity’s Need to Acquire Ground Water Rights Through Eminent Domain

Rosamond Community Services District (“RCSD”) recently approved the adoption of a resolution of necessity and filed a case to acquire water rights from agricultural land by eminent domain. After the adoption of the Resolution of Necessity, Antelope Valley Water Master granted the RCSD with a 999 acre-foot permanent water pumping allotment, in addition to a one-time pumping allotment of 5,000 acre-feet. These allotments significantly changed RCSD’s water acquisition needs and eliminated the need for eminent domain to be used.

While it is not uncommon for a public ...

California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in the Western United States.

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