Pre-Condemnation Entry: Procedure Can Be Unconstitutional, 4/25/14

Posted & filed under In the News, Just Compensation, The Eminent Domain Process.

The Third Appellate District Court of Appeals has ruled that pre-condemnation entry on to the property an agency is seeking to condemn may be unconstitutional. If upheld, it will ultimately create significant obstacles for agencies to overcome in attempts to progress with eminent domain actions. Historically, California law entitled agencies to enter properties “to make… Read more »

California Eminent Domain Project News: Update, CHSRA’s Petition Denied by Appeals Court: Next Stop, Trial

Posted & filed under California Eminent Domain Project News, In the News, Uncategorized.

Late Tuesday, three justices with the Third District Court of Appeals denied the California High Speed Rail Authority’s (CHSRA) petition asking the court to overturn a decision by the Sacramento County Superior Court. The Superior court had ordered a trial on one part of an ongoing lawsuit between Kings County farmer John Tos, Hanford homeowner… Read more »

California Town Uses Eminent Domain To Eliminate Private Water Company, 4/10/14

Posted & filed under In the News, The Power of Eminent Domain.

Notwithstanding the public backlash following the U.S. Supreme Court’s ruling in Kelo v. City of New London several years back, government agencies are getting more and more creative with stretching reasons to support exercising eminent domain. The city government of Claremont, California is attempting to take over a private water company using eminent domain and… Read more »

Follow Up: Eminent Domain for Condeming Underwater Mortgages, 6/27/12

Posted & filed under In the News.

By A.J. Hazarabedian In a recent post, we talked about the City of Hesperia voting on whether or not to join a Joint Powers Authority to begin acquiring underwater mortgages by eminent domain in an attempt to help homeowners. Since our post, more information has been revealed providing the logistics to this interesting proposal.  A… Read more »

City of Hesperia May Use Eminent Domain to Acquire Mortgages, 6/7/12

Posted & filed under In the News.

By A.J. Hazarabedian The City of Hesperia is considering an interesting use of eminent domain during its upcoming City Council meeting.  The Victorville Daily Press reported this week that the City may decide to use eminent domain to acquire underwater mortgages in an attempt to help homeowners. As the article describes, the City will discuss… Read more »

Modesto Considers Using Eminent Domain for Pelandale Freeway Project, 5/23/12

Posted & filed under In the News, Just Compensation.

By A.J. Hazarabedian The City of Modesto will consider acquiring properties by eminent domain for the Pelandale Avenue freeway interchange project at tonight’s city council meeting.  According to the Modesto Bee’s article, “Modesto considers seizing sites for Pelandale freeway project,” the City has been negotiating with affected property and business owners since March, yet an… Read more »