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 ...
One of the issues that comes up frequently in eminent domain is whether the proceeds a property or business owner will receive from the government is treated as ordinary income, capital gains or is exempt from federal and/or state taxes. And when eminent domain attorneys get that question, they almost always start with the largely unhelpful response of “it depends.” But it really does depend on exactly what the money is, how the property was held, how the money will be used and whether we are talking about state or federal taxes.
Now, I could spend a lot of time trying to walk through all ...
In the City of Fresno, the Tower Theatre is a bohemian landmark, opened in 1929 as a 20th Century Fox Movie House. This year, it became public that Adventure Church was buying the theatre, which has caused tensions to rise in the community, with thousands signing a petition to save the historic theatre, weeks of demonstrations trying to prevent its use as a church, and even a pending lawsuit. The City attempted to defuse the situation by offering Adventure Church an alternative location, which also backfired. So what’s next? The City may be considering using eminent domain to prevent ...
Here's a new one. Imagine you have a government agency as your tenant, paying above-market rent, and the lease is set to expire. The government tells you they're going to move to a new site, but they need to hold over for a while until the new site is built. You figure, fine, the parties will just continue with the same rental rate until the government tenant moves. Hey, what other option does the government have? It would be incredibly expensive to find a temporary site and do a temporary move until the permanent relocation site is finalized.
This logic may work with any typical private-market ...
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