Rick Rayl and I will be speaking this Tuesday, March 19, at the International Right of Way Association (IRWA) Chapter 1 (Los Angeles) annual co-luncheon with the Appraisal Institute. We'll provide an eminent domain "Year in Review," covering all the important court decisions from the past year. To make it a bit interesting, we'll be coming up with some funny phrases, and we're hoping some of you will be able to guess what case we're talking about. Rick promises there will be prizes....
The annual lunch between the IRWA and the Appraisal Institute is always a good one, so we hope you'll ...
For all you Southern California right-of-way folks, the next few weeks have quite a bit in store. Here's what's going on in the local International Right of Way Association (IRWA) Chapters:
- IRWA Chapter 57 Meeting (2/6/13): This Wednesday, February 6, IRWA Chapter 57 (Inland Empire) will be hosting its monthly luncheon at the Old Spaghetti Factory in Riverside. The guest speaker is Mike Mason, MAI, from Overland, Pacific & Cutler. Mike is a well-known eminent domain appraiser in Southern California, and his presentation is titled, "How Appraisers Lie Without ...
This is a bit last minute, but I wanted to remind our readers to attend the International Right of Way Association (IRWA) meetings this week in Orange County and the Inland Empire. Here's what to look out for:
- IRWA Chapter 67: Orange County holds its monthly luncheon today, January 8. John Ellis from Integra Realty Resources Los Angeles will provide us with an update on the 2012 real estate market and what to expect in 2013. John and Integra are integrally tapped into the Southern California real estate market, so those in attendance should get some great insights.
Ever since we started this blog, one of the big topics we've touched on repeatedly deals with public agencies running into issues when trying to secure possession of property for right of way projects. Whether it's due to project funding constraints, federal oversight demands, construction contract deadlines, project timing requirements, or difficulties dealing with impacted property and business owners, agencies are routinely pressed with stressful deadlines to start building their projects. Would you like to know what pitfalls to look out for and how to avoid them? ...
As the summer months come to an end, it means the International Right of Way Association monthly luncheons are set to resume -- at least in Orange County and the Inland Empire (those crazy right of way folks in Los Angeles go year-around). Chapter 67's lunch is scheduled for September 11 at the Marriott in Santa Ana, and Chapter 57's lunch is set for September 12 at the Old Spaghetti Factory in Riverside. So what's on tap?
The International Right of Way Association's (IRWA) International Education Conference in Seattle has just wrapped up, and boy was it a great event. Over 1,200 right of way professionals from across the United States and Canada (along with some visitors from Japan, Uganda, Saudi Arabia, Thailand, and the UK) all in one location for four days. What could be better? If you weren't able to make it, let me tell you that Alaska and Canada -- two chapters vying for hosting the 2017 event -- sure know how to have a good time.
As I travel home on my flight back to Orange County ...
One of the trickiest circumstances to deal with in an eminent domain case occurs when the property being condemned suffers from a contamination issue. This presents a number of thorny issues and, quite frankly, is an area of law which is shockingly undeveloped in most jurisdictions.
- Should the cost of the remediation be offset from the value of the property?
- Should the contamination be ignored since the owner is being compelled to "sell" the property, often against his or her will?
- Should the appraisers treat the contamination as they would any other circumstance affecting the ...
Here are a few updates for right of way professionals:
- IRWA International Conference: The International Right of Way Association's (IRWA) 58th Annual International Education Conference will be taking place starting this weekend in Seattle. Nossaman's eminent domain attorneys will be there in full force: I know at least seven of us are attending, and we'll have representatives from our Orange County, Los Angeles, and San Francisco offices. For the first time ever, we'll also be hosting a booth at the Conference, and we have a number of great give-aways, so plan to stop by ...
This Friday, May 11, International Right of Way Association Chapter 11 (San Diego) will be hosting a great program titled "Eminent Domain Seminar: The Acquisition Process and Litigation Case Study." If you want an update on recent developments in eminent domain, or if you've ever wondered what a relocation appeal hearing or a condemnation trial looks like, this seminar is for you. There are a number of great speakers lined up for the full-day class.
My colleague Rick Rayl and I will be going toe-to-toe in a mock trial on the valuation of a gas station and the loss of business ...
If you've ever watched the show Shark Tank on ABC, you know that many individuals value their businesses much higher than their business' numbers suggest. It's human nature: you focus on the upside and tend to ignore the blemishes or risk areas. As Kevin O'Leary -- "Mr. Wonderful" -- would say, the numbers tell the story, because it's all about the money.
Mr. Wonderful's it's-all-about-the-numbers concept also holds true in the valuation of businesses in the eminent domain context: the jury's task is supposed to be a sober inquiry into values, ignoring ...
My partner Brad Kuhn and I spoke yesterday at the IRWA Chapter 1 Valuation Conference. Our topic involved large-scale acquisitions, and what makes them different from a typical, single-parcel acquisition. As always, the Conference was well attend. And as always, both the panelists and the audience are made up of a great cross-section of the top right of way practitioners in Southern California. This mix often leads to some great discussions -- and yesterday was no exception.
One of the questions that arose during our presentation involved the fairly recent requirement that agencies ...
About two years ago, I embarked on a path to start blogging about eminent domain issues. At the time, I didn't read a lot of blogs (OK, I probably didn't ready any blogs). I also had little idea where the path would lead me, and I certainly had no clue what it might mean for my practice.
Now, I follow several other blogs and have a much better sense about how it all works. So much so, apparently, that I've been asked to sit on a panel at an upcoming PLI Conference Lawyers' Guide to Using Social Media for Professional and Client Development 2012. Truth be told, I'm inclined to think that all the ...
The demise of redevelopment world tour continues! Gale's been speaking away up north at the IRWA, the Appraisal Institute, and various other organizations, and Rick and I have been trying to do our part to keep up down here in Southern California. So, here we go again -- this time down in San Diego, and we hope you'll join us. We promise to use some new materials and give some updates on the status of pending clean-up legislation and how the redevelopment agency winding up process is playing out in California.
The details: we'll be speaking to the San Diego Chapter of the International ...
In case you didn't have a chance to attend the event my partner, Gale Connor, spoke at earlier today, there's still time to learn about appraising in a litigation context.
On Wednesday, March 21, I'll be speaking with three of my colleagues, Brad Kuhn, David Graeler, and Bernadette Duran-Brown at a half-day event sponsored by the American Society of Appraisers. We're presenting Everything You Need to Know About Appraisals for Litigation at Scott's Restaurant and Bar in Costa Mesa. The seminar runs from 2:00 to 5:00, with a dinner and networking event to follow.
There may still be some ...
How is an eminent domain appraisal different from other forms of appraisals? What is the difference between a deposit appraisal and an exchange appraisal and why do condemners usually hire separate appraisers for each? If I am an appraiser, how do I develop a practice as an expert witness?
These and other questions will be answered in a panel discussion at the Northern California Chapter of the Appraisal Institute's "2012 Annual Spring Conference" to be held at the Doubletree Hotel, in Modesto, CA., on March 19, 2012. I, along with Norm Hulberg of Hulberg & Associates and Larry ...
Last week, we sent out a blog post with a number of quick updates on right-of-way-related issues making headlines across California. Rick thought it would be a cool idea if we made this type of post a weekly habit, so here it goes (and, if it doesn't work or happen every week, obviously blame Rick):
- City of Visalia Can't Negotiate With Property Owner: Here's an interesting story. According to an article in the Visalia-Delta Times, "Visalia moves to take land near St. Johns," the City of Visalia is using eminent domain to acquire property necessary for a walking trail. So what makes ...
We're taking our show on the road! In case you missed our webinar on the California Supreme Court's decision in California Redevelopment Assn. v. Matosantos, or if you just want to see our fantastic presentation skills in person (not sure what's wrong with you, but ok...), we hope you'll join us at the International Right of Way Association Chapter 57's monthly luncheon on January 11, 2012.
IRWA Chapter 57's monthly luncheons typically begin at 11:30 a.m., and they take place at Canyon Crest Country Club at 975 Country Club Drive, Riverside, California. Here's the ...
We're gearing up for our webinar tomorrow on the Supreme Court's decision last week upholding ABX1 26, but striking down ABX1 27. I will be moderating a panel that will include my colleagues Gale Connor, Brad Kuhn, Jeff Stava and Jennifer Capitolo.
We'll also be joined for additional commentary by former California Senate Republican Leader Dick Ackerman and former Los Angeles County Counsel Bill Pellman.
We're going to spend about an hour talking about the law and how it will be implemented. We'll also take questions - and even do our best to answer them. If you already ...
It's Christmas Eve Eve here in Southern California. Our chances for a white Christmas seem small; as I look out my window, I see bright sunshine and know the temperature is in the 70s. Still, it's easy to see that the holiday season is in full swing.
If you are in need of some last minute shopping ideas and don't know what to get the eminent domain practitioner on your gift list, there are some great choices to be found.
Want the scoop on what future challenges local government agencies face with respect to eminent domain and redevelopment? Want to hear from some of the most well-recognized eminent domain attorneys across the nation? Want to get some CLE credit? Want to get all your questions answered? Want to do it all from your desk, in a short one-and-a-half hour presentation?
Come join us on Thursday, December 1, at 10 a.m. (PST) for the online seminar, "Eminent Domain: Redevelopment Challenges for Local Government, Navigating Federal Funding Requirements, Challenges for Public ...
Six years ago, the US Supreme Court issued its landmark decision in Kelo v. City of New London, affirming the government's ability to exercise eminent domain for purely economic purposes. The public backlash and media firestorm surrounding the decision turned our quirky group of eminent domain attorneys into rock stars for a short moment in time. Ms. Kelo's battle was put to print in Jeff Benedict's Little Pink House: A True Story of Defiance and Courage, and it now appears the infamous case is making its way to your television.
According to a Hartford Courant article
It's not often a film comes out dealing with eminent domain issues. You may remember when Avatar came out, my partner Rick Rayl and our esteemed colleague Gideon Kanner had a nice back-and-forth spar about whether the film had anything to do with eminent domain. (Rick ended up buying Professor Kanner a movie ticket in the hopes of changing his mind.)
Well, there can be no dispute about the eminent domain context in the recent documentary "Battle for Brooklyn," which follows a man's fight to save his Atlantic Yards neighborhood from condemnation for the New Jersey Nets' new basketball ...
I'm at the IRWA Education Conference in Atlanta, and yesterday I attended a number of interesting sessions. Since I don't have time to write about all of them, I want to focus on the presentation that discussed local agency practices where their projects receive federal dollars. And even that one session contained far too much information to reduce to a single blog post, so I'll focus on two of the four speakers, FHWA Realty Specialist Marshall Wainwright and Oklahoma Department of Transportation Assistant Division Manager for Right-of-Way Kevin Stout.
Mr. Wainwright started the ...
So I'm off to Atlanta for the IRWA's Annual Education Conference. I'll be there from Saturday night through Wednesday, and along with our outgoing President Michele Folk from OPC, I'll be representing Chapter 67 in Orange County as its nearly-installed President. (Ironically enough, I'm missing my own installation, which takes place during the Conference.)
It will also be a bit of a Nossaman Eminent Domain reunion for me. In addition to my current Partner, David Graeler, who will be there as President Elect of Chapter 1, two of my former Nossaman colleagues, John Murphy and Brad ...
Last week was quite busy in the world of California eminent domain, and the start of this week appears to be no different. A few updates:
- International Right of Way Assocation (IRWA) Chapter 67 is holding its annual, half-day seminar on May 10 at the Holiday Inn in Santa Ana (sorry for the late notice). The seminar is focused on mobilehome acquisitions and appraisals, and there are a number of great speakers lined up. (I'll also give a quick update on the City of Los Angeles v. Plotkin decision involving precondemnation damages.) I hope to see you there.
- The Marysville Joint Unified ...
I wanted to alert people to two meetings coming up soon that may be of interest if you're in Southern California.
- IRWA, Chapter 57 meeting on March 2: Chapter 57 is holding its monthly meeting tomorrow in Riverside. The speaker will be Chris Mazier from Lawyers Title and his subject will be Preliminary Title Reports and their Dreaded Schedule B Items! As all eminent domain attorneys and right of way consultants know, navigating "Schedule B" issues is a huge part of the precondemnation planning process. And having now spent a huge part of the last several months reviewing Schedule B items ...
On those cold winter nights as the holidays approach, who doesn't pause for a moment to consider the long history between Christmas and eminent domain? For those who don't spend their time in front of the fire sipping egg nog and contemplating condemnation, I offer these tidbits:
- In August 2010, the Nevada Irrigation District voted to condemn part of a farm owned by Robert Hane. How does this involve Christmas, you say? Mr. Hane's farm produces - you guessed it - Christmas Trees. For more on the story, read the Fair market value? Water district invokes eminent domain, from the Auburn ...
Yesterday, we celebrated the one-year anniversary of our blog's launch. We were planning to get a cake, but remembering back to what my one-year-old looked like after we put a cake in front of him on his first birthday, we decided to commemorate the occasion by preparing a "top 10" list from our blog's first year.
Admittedly, selecting 10 items was not a scientific process, and "top 10" really became "10 posts I can describe in a single short sentence," but in any event, here it is, the Top 10 Things You've Learned if You've Been Following Our Eminent Domain Blog (by the way, I find it ...
Just a reminder for all you eminent domain and right of way practitioners still mentally on summer hiatus. IRWA Chapter 67 (Orange County) starts its new year next week. The September meeting is Tuesday, September 14, at the Holiday Inn, Santa Ana/OC Airport, located at 2726 South Grand Ave., Santa Ana CA 92705.
The meeting starts with a "meet and greet" at 11:30. Lunch commences at 12:00. We will have a lunchtime presentation from John Ellis of Integra Realty Resources in Los Angeles. He's going to give us an update on the real estate climate here in Southern California, and I've made ...
For anyone looking to spend more time on eminent domain issues, there are two upcoming events you may want to consider.
- For those looking for a one-day commitment, I recommend the IRWA, Chapter 1 2010 Fall Education Seminar, which is taking place on October 26 at the Quiet Cannon in Montebello. I don't have the full list of speakers yet, but it's always a good event, and my partner, David Graeler, is Chair again this year. I'll be talking about the interrelationship between goodwill and the Relocation Act, using the recent Casasola opinion as a jumping off point (look for a post about ...
Both Chapters 57 and 67 of the IRWA have June meetings upcoming (their last meetings before the summer hiatus). Details are:
- June 2, 2010: Chapter 57 is meeting at the Riverside Convention Center, located at 3443 Orange Street, Riverside. The speaker will be Ken MacVey, an eminent domain attorney with Best, Best & Krieger in Riverside. Contact Communications Chair Jan Spindler for more information.
- June 8, 2010: Chapter 67 is meeting at the Holiday Inn, Orange County Airport, located at 2726 South Grand Avenue, Santa Ana. We will have two speakers, Ricky Rodriguez from Caltrans ...
Yesterday, I chaired the International Right of Way Association Chapter 67 (Orange County) spring seminar, focused on the interrelationship between renewable energy, right-of-way acquisitions, and eminent domain. It was a great success. For those of you who were in attendance -- or for those of you that missed the seminar but would like a recap -- all of the speakers were generous enough to allow us to make their presentations available.
- Dave Kilpatrick's presentation, titled "Energy Independence -- the Impossible Dream?" [PDF], focused on our nation's overall ...
Just a reminder about two upcoming events that you may be interested in attending:
- On May 5, IRWA Chapter 57 (Riverside/Inland Empire) will hold its monthly meeting at the Riverside Convention Center. The speaker is Carol Brooks, and her topic is "Conflict Management: How to Stay Cool in the Heat of Conflict." Sounds like an interesting topic for all you right-of-way folks and relocation consultants that regularly deal with property and business owners facing eminent domain and relocation.
- On May 11, IRWA Chapter 67 (Orange County) will hold its annual ...
On May 11, Chapter 67 of the IRWA (Orange County) is hosting a half-day seminar focused on the interrelationship between renewable energy, right-of-way acquisitions, and eminent domain. If tying renewable energy to eminent domain sounds like a bit of a stretch, you apparently haven't been following all the recent news about the struggle to entitle and build renewable energy projects. Just yesterday, the White House Blog featured a profile on federal energy policies entitled Building a New Foundation for Energy and the Environment.
Between the project facility itself and the ...
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 12-13: CLE International is holding its 12th Annual Eminent Domain Conference at the Millennium Biltmore in Los Angeles. If you're looking for two full days of hearing about eminent domain . . . you probably need help. But if you are, this is a great program, with a number of top speakers.
- April 13: IRWA Chapter 67 ...
Steven's Steak House
5332 Stevens Place
Commerce, CA 90040
March 23, 2010
11:30 - Registration & Check-in
12:00 - Lunch & Presentation
The speaker will be Greg Angelo, Director of Real Property Management & Development at Los Angeles County MTA (Metro). Mr. Angelo will talk about current Metro projects, including Expo Corridor Phase 1, Orange Line to Chatsworth, and I-405 Sepulveda Pass. He will also talk ...
On March 9, 2010, Chapter 67 of the IRWA is holding its monthly lunch meeting. The meeting is being held, as always, at the Santa Ana/OC Airport Holiday Inn. This month's speakers are Patrick A. Hennessey and Michael H. Leifer, who are presenting "Inverse Condemnation: It's a Mad, Mad, Mad, Mad World." MCLE credit is available for attorneys.
You can RSVP to Hospitality Chair Joe Munsey at Jmunsey@semprautilities.com (it's $15 if you RSVP, or $20 at the door). Here are the details:
Santa Ana/OC Airport Holiday Inn
2726 South Grand Ave.
Santa Ana, CA 92705
Meet & Greet: 11:30am ...
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 ...
I will be speaking February 11 at the Sacramento IRWA Chapter's lunch meeting (Chapter 27). My presentation will be about avoiding pitfalls under the new eminent domain prejudgment possession rules. This topic has received considerable attention over the past couple of years, and will undoubtedly be the focus of more attention over the next few years as appellate decisions involving the new rules start to appear.
The meeting details are as follows:
110 Diamond Creek Place
Roseville, CA 95747
Board Meeting: 10:30 a.m.
Registration/ Meet & ...
Next week, Chapter 67 of the IRWA (Orange County) is holding its annual Past Presidents' lunch. The lunch will feature speaker Randall S. Stamen, an International Society of Arboriculture Certified Arborist -- and an attorney. In case the really long title is slowing you down, I think that means he is a tree expert and, in particular for the IRWA's purposes, that he has expertise in dealing with relocation and valuation of trees impacted by eminent domain actions.
Though it seems at first glance like a fairly odd topic, tree issues do arise with some regularity in condemnation cases ...
On February 3, Chapter 57 of the International Right of Way Association will hold its next lunch meeting. The speaker will be Barry McDaniel, the CEO at Overland, Pacific and Cutler. Barry is a well-recognized -- and very successful -- relocation consultant. He will be speaking about "Move Planning."
The meeting details are as follows:
Riverside Convention Center
3443 Orange Street
The meeting starts at 11:30 and should be over by around 1:00. The cost is $16.00 if you RSVP in advance, and $20.00 at the door. You can RSVP to Chapter 57 Communications ...
On January 21, the Southern California Chapter of the Appraisal Institute is holding its 17th Annual Los Angeles/Orange County Market Trends Seminar. The panel looks quite good, and the event is being chaired by Orell Anderson, MAI, Steve Valdez, Michael Kearns & Tyler Baird. They report having only a few seats left, so act quickly if you want to attend.
The seminar runs from 8:00 a.m. to 5:00 p.m., and is being held at ...
Today I attended the latest IRWA Tri-Chapter Installation Lunch for Chapters 1 (Los Angeles), 57 (Inland Empire), and 67 (Orange County). This year, my home chapter, Chapter 67, hosted the event, which was held at the Nixon Presidential Library and Museum. Despite the poor economy, 165 of the finest right-of-way professionals in Southern California showed up, and it was -- as always -- more a holiday celebration lunch than a formal meeting.
International President Sandy Grigg flew down from Canada to install new officers for Chapters 1 and 57 (Chapter 67 will install new officers in ...
Yesterday, I spoke at the Appraisal Institute's 42nd Annual Litigation Seminar. As usual, it was a great event, well attended by many of the top eminent domain appraisers in Southern California. I spoke about recent developments in a presentation entitled "Eminent Domain: Where Are We, and Where Have We Been?" [PDF]
While I am confident that anyone in attendance would tell you I was brilliant, I want to focus today on some issues that arose in Ted Whitmer's presentation entitled Legal Instructions, Litigation & Appraisal Institute Standards. Ted's firm, Appraiser Defense
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 ...
On November 16-17, CLE International is holding one of the biggest eminent domain events of the year, its 11th Annual Conference, Eminent Domain: Appraisal to Appeal. The conference is being held at the Stanford Court hotel. Registration is currently open.
Many top eminent domain attorneys and appraisers are scheduled to make presentations. I am speaking with my partner, Gale Connor, at 3:30 p.m. on November 17. We will be talking with Norman Hulberg, MAI, about ...
On November 18, the Southern California Chapter of the Appraisal Institute is hosting its 42nd Annual Litigation Seminar. This full-day event features a great panel of speakers, and has been approved for eight hours of both Appraisal Institute and Office of Real Estate Appraisers ("OREA") continuing education credit.
It is being held at:
Embassy Suites Hotel
11767 Harbor Blvd.
Garden Grove, CA 92840
I will be speaking at 3:45 p.m. on "New Cases & What’s Happening in Eminent Domain." I understand that I am the last speaker of the day, and that you will ...
- What is the current state of the market;
- How did we get to where we are now;
- What are the trends looking forward; and
- Have we hit bottom yet?
The picture painted by Mr. Ellis [PDF] was befitting of the Halloween season, and in some cases was downright depressing. Most submarkets are demonstrating reduced sales volumes, lower rents, higher cap rates, and lower sale prices. Mr. Ellis demonstrated how a 1.25% increase in the ...
Yesterday's IRWA Chapter 1 seminar in Los Angeles was a great success, with an outstanding panel of speakers. The morning started with an informative presentation by Dave Guder of Southern California Edison about the Tehachapi Renewable Transmission Project and renewable energy sources in general.
The liveliest discussion, however, centered around a narrow issue that triggered some surprisingly animated responses. The issue involved a condemning agency's use of one appraiser for the initial eminent domain offer and deposit of probable compensation, and another appraiser ...
On October 20, Chapter 1 of the International Right-of-Way Association is holding its Fall Seminar. The event is being chaired by one of my partners, David Graeler, and it has a good line-up of speakers.
One of the more interesting discussions may be the 10:50 session looking at eminent domain from both an agency and a landowner perspective. The speakers for that session are Michael Thornton, from my firm's San Francisco office, and Gary Kovacic, from Sullivan, Workman & Dee in Los Angeles ...
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