In an eminent domain proceeding, tenants of property subject to condemnation have constitutional rights to just compensation. However, those rights can be assigned to the landlord through a lease agreement. A recent unpublished Court of Appeal decision confirmed that commercial tenants can assign all claims to just compensation through the terms of a lease agreement ...
We've completed our analysis of the Galardi case and have some additional thoughts about the decision and its potential larger impact.
The real debate we've been having internally is whether Galardi can be read as signaling a change in the law concerning broadly worded waivers in condemnation clauses. Many commercial leases contain broad waivers, skewed towards landowners. Provisions such as "in the event of condemnation, tenant waives all rights to compensation" are not uncommon.
Until now, even the broadest wavier imaginable has not affected the tenant's right ...
California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain in California. We cover all aspects of eminent domain in California, 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 California eminent domain conferences and seminars.
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