California Eminent Domain Report

In California, when a government entity adopts a resolution of necessity to acquire property by eminent domain, that resolution typically “conclusively” establishes the requisite findings of public use and necessity. However, when the government is seeking to condemn a public utility to take over its operations, that conclusive presumption disappears. There has been an ongoing dispute about what standard of review applies in such take-over cases, and the California Court of Appeal recently provided guidance.

The California Court of Appeal, Third District, issued an ...

Local governments—generally counties—impose property taxes on real estate pursuant to state law. Sometimes called ad valorem taxes, these property taxes are set based on the assessed value of the property. When a landowner does not pay their property tax, the law allows the county to foreclose on the property and sell it to another person.

The purpose of this sale is to make the county whole for the tax debt. In most states, if the property sells for more than the debt and there are excess proceeds, then the landowner receives the surplus after valid lienholders with priority are ...

The payment of “just compensation” for the taking of private property includes more than merely writing a check to the property owner after a jury determines the current fair market value of the taking. A property owner is entitled to interest on the award of condemnation as well. 

Over the last year, the Federal Reserve has raised its federal funds rate multiple times. In California and Nevada, the interest rate is calculated in very different manners and the increase in the federal funds rate has differing impacts.

California

In California, a property owner is entitled to interest ...

Join us in Austin, TX or virtually for Eminent Domain and Land Valuation Litigation 2023 hosted by American Law Institute Continuing Legal Education (ALI CLE) February 2-4, 2023. This conference will benefit land use, zoning or real estate lawyers, particularly those who may be involved in an eminent domain dispute; appraisers; property valuation consultants; constitutional law enthusiasts; and municipal/local government lawyers.

During “When the SWAT Team Comes (No) Knocking: Police Power Takings” at 9:00 a.m. CT on February 3rd, Steve’s panel will discuss the ...

Please join us on November 4^th as we present “Changes in the Law - Eminent Domain and Infrastructure Update” during the 2022 Right of Way Consultants Council’s (ROWCC) Fall Membership Meeting in Las Vegas, NV. During this session, we’ll discuss key U.S. cases and legislation, pending and adopted, from the last year that impact the eminent domain and right of way industries. Additionally, we will discuss ... 

Earlier this month, we gave a presentation during the International Right of Way Association’s 68th Annual Education Conference in Cleveland, Ohio. In keeping with the “rock and roll” theme, our session, “Ch-Ch-Changes in the Law: Eminent Domain and Infrastructure Update,” provided an overview of recent case law and legislation impacting the eminent domain and the right of way industries across the U.S. Additionally, we provided an update on the Infrastructure Bill, where funding and projects are kicking off, and discussed potential barriers to fully taking ...

A new decision out of the Northern District of California applying the “final action” standards of Pakdel v. City and County of San Francisco has come out – with the District Court concluding that even under Pakdel’s “relatively modest” standard, a landowner seeking to develop their property must still actually receive a final decision on the merits of their proposal before filing a takings claim in federal court.  The new case is DiVittorio v. County of Santa Clara, and the opinion by the Hon. Beth Labson Freeman helps further clarify the steps a landowner must satisfy before availing themselves of the federal court system ...