For years, the College of the Desert has been seeking to acquire the former Palm Springs mall in order to expand its campus to the west valley. It has been quite a lengthy battle, as the property owner had repeatedly objected to the College’s use of eminent domain for the site. However, last week, the … Continue Reading
This week, Nossaman Eminent Domain Partner Bernadette Duran-Brown will be speaking at the Southern California Appraisal Institute’s 50th Annual Litigation Seminar. Ms. Duran-Brown will be providing a Summary of Recent Eminent Domain and Valuation-Related Cases. Her presentation will cover the most recent and upcoming legal developments and is essential for anyone involved with public projects … Continue Reading
Having recently worked on a number of pipeline and transmission line projects, I find the issue of proximity damages to be fascinating. Does being adjacent to gas pipelines or electrical transmission lines diminish the value of an owner’s remaining property? I have seen studies suggesting nearly every possible conclusion. If you’re interested in this subject, … Continue Reading
Acquiring a fee interest in property seems to be so out-of-style. Nearly every linear infrastructure project I work on now involves the acquisition of various types of easements, whether its a typical temporary construction easement, access easement, street/highway easement, or transmission line easement, or a more complicated aerial easement, parking structure easement, or floating easement. The scope and terms … Continue Reading
When a business is taken as a result of a public improvement, the business is entitled to seek compensation for, among other things, loss of business goodwill. Typically, this loss is calculated by measuring the business’ “before-condition” value and comparing to its “after-condition” value. This traditional methodology was the cornerstone for business goodwill appraisers to … Continue Reading
In a previous post, “What is ‘Just Compensation’ For Gas Station Acquisitions,” we explored various methods for valuing gas stations and car washes in an eminent domain action, including a recommendation by a gas station appraisal firm, Retail Petroleum Consultants, to approach such valuation assignments as “special use properties”. Retail Petroleum has issued another useful article, “Value … Continue Reading
In an unpublished opinion filed this week, the California Court of Appeal confirmed two fundamental evidentiary rules related to eminent domain matters: A witness intending to testify to an opinion of value must exchange a statement of valuation data; and A witness will be precluded from testifying to a comparable sale if it is determined … Continue Reading
Six weeks ago, I wrote about California Assembly Bill 624 and the Appraisal Institute’s effort to change California law that presently requires all licensed appraisers to comply with the Uniform Standards of Professional Appraisal Practice (USPAP). While the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) would still mandate that USPAP be followed … Continue Reading
I know our blog is called the California Eminent Domain Report — implying we only cover eminent domain-related issues, but in actuality we cover anything valuation-related. After all, our group of attorneys is known as the Eminent Domain & Valuation Practice Group. With that said, an interesting value dispute has popped up, making its way to the California Supreme Court. This one deals … Continue Reading
