California Eminent Domain Report

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 ...

According to a Turlock Journal article, "TID moves ahead with eminent domain," the Turlock Irrigation District approved the adoption of a resolution of necessity in order to move forward with eminent domain for the Hughson/Grayson 115 kv transmission line project.  

As expected, impacted property owners are not satisfied with the agency's appraised value.  The article reports that residents are in the process of obtaining their own appraisals, and have requested a 30 day extension prior to the commencement of eminent domain proceedings.  (As a public agency, the irrigation district ...

Both California and federal eminent domain laws set forth obligations on "public entities" or the "government."   When these specific terms are used, do the statutes also apply to public or private utility companies exercising the power of eminent domain?

One example is found in the Uniform Relocation Assistance and Real Property Acquisition Policies Act, which allows a landowner to seek reimbursement for costs and attorneys' fees when a condemnation action instituted by a "federal agency" is abandoned by the "United States."  (42 U.S.C. 4654.)  If a utility company ...