Tag Archives: Precondemnation Damages

When Proposed Public and Private Projects Collide

Infrastructure projects take years to develop:  the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California given the strict regulations and oversight any public agency must comply with.  During that lengthy process, private properties situated in the proposed project alignment remain in … Continue Reading

Court Clarifies Rules for Takings, Precondemnation Damages Claims

Two of the more complicated issues eminent domain attorneys face are analyzing whether government conduct rises to the level of a taking, and whether the government engaged in precondemnation conduct that gives rise to damages apart from paying just compensation. Earlier this week, an unpublished California Court of Appeal decision, Dryden Oaks v. San Diego … Continue Reading

Oakley to Condemn Century-Old Building for Street Widening Project

As cities become more dense and urbanized, it is common for infrastructure to get outdated or insufficient to handle increased demand.  We see this with roads, highways, schools, and even utilities.  When new infrastructure is needed, many times eminent domain becomes necessary to acquire property in the way of the proposed new project.  But sometimes those … Continue Reading

How Hard Does it Have to Rain Before the Government is Liable for a “Condemnation Cloud?”

Public projects take years of planning and environmental review usually involving outreach to neighboring property owners and other stakeholders. During this process, potential right of way impacts are identified and property owners (and their potential buyers or tenants) become aware of the planned project. As we have described in the past, this can result in … Continue Reading

West Covina Contests Caltrans’ Condemnation of Westfield Mall Property

According to Jason Henry’s article in the San Gabriel Valley Tribune, West Covina contests condemnation of properties at Westfield Mall, Lakes Drive, the City of West Covina plans to contest an eminent domain action filed by the California Department of Transportation (Caltrans) to acquire land near Westfield Mall needed for the expansion of the I-10 Freeway. … Continue Reading

Property and Business Owners’ Precondemnation Damages Claims Dismissed

We’ve covered in the past the impacts property and business owners suffer when government agencies plan for public projects.  We’ve also covered when agency planning crosses the line and results in precondemnation damages or a de facto taking.  A recent unpublished Court of Appeal decision, Joffe v. City of Huntington Park, highlights (1) the types of impacts owners … Continue Reading
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