California Eminent Domain Report

A recent article from Border Report, "Tijuana residents holding out for more money, slowing construction of border crossing," caught my attention.  Not only because we're advising on the border crossing project on the U.S. side, but also because it raises an interesting valuation issue.

According to the article, property owners in eastern Tijuana, where the new port of entry is going to be built, are holding up the project by demanding more money for their land.  Specifically, the owners want to be paid what the land will be worth once the border crossing is built instead of current value.  These increased payment demands ... 

Join us on November 16th from 1:00 to 2:00 p.m. PT as we discuss “Partial Acquisitions: Project Benefits and Mitigation Strategies Related to Offsetting Severance Damages.” We are excited to host this webinar along with our guest speakers, Alison Roach and Robert Caringella from Jones, Roach & Caringella, Inc.

During this webinar, we will provide:

• A legal primer on severance damages in partial acquisitions;
• An in-depth review of the legal standards granting condemning entities the ability to offset severance damages with project benefits; and
• An examination of case studies ...

On April 21, 2021, I will be participating in the sixth annual International Right of Way Association (IRWA) Chapter 57 and Southern California Chapter of the Appraisal Institute's (SCCAI) Virtual Joint Meeting. I will be a co-presenter discussing "Project Benefits - Do They Ever Apply, and If So, How Are Benefits Supported?" during which we will cover project benefits and their significance in the eminent domain arena. This program will also include:

• The statutory and case law landscape that gives rise to the issue of project benefits, when and how they may apply and methods and ...

There are a couple exciting International Right of Way Association (IRWA) events coming up next week:

• On April 26, I will be participating in IRWA Chapter 1's (Los Angeles) 2016 Annual Valuation Seminar.  I will be presenting with Brad Thompson of Mason & Mason on "Project Benefits and Construction-Related Impacts:  Tangible or Speculative?".

• On April 29, I will also be participating in IRWA Chapter 42's (San Jose) 4th Annual Spring Conference.  I will be presenting with my partner, Artin Shaverdian, and Steve Parent of Bender Rosenthal on "The Value of Transit Proximity:  Assessing ...

The wait is nearly over:  for those living on the Westside of Los Angeles, passenger rail transit will be available in just a few short months.  Officials announced this week that the final extension of the Expo Line will open on May 20, extending service from Culver City to just a few blocks from the Santa Monica pier.

This will be the first passenger rail transit service to the far Westside since Pacific Electric streetcars stopped running to Santa Monica in 1953.  The project completes the 15-mile Expo Line between downtown Los Angeles and Santa Monica.  Train trips between downtown Santa ...

We recently wrapped up assisting with the acquisition of several part-takes of commercial and residential properties for a public transit project.  One of the big issues involved with each of the acquisitions centered on whether the project provided the impacted properties with benefits that would offset the potential severance damages.

By way of background, when only a portion of property is acquired through the use of eminent domain, the acquiring entity is required to pay not only for the portion of the property acquired, but also for any decline in value the remainder ...