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 »

California Farmers Fear High-Speed Rail, 1/17/11

Posted & filed under In the News, Just Compensation.

By A.J. Hazarabedian California farmers are once again voicing their concerns about the potential high-speed rail project which has been a hot topic recently.  A route has yet to be determined, but one of the alternatives could displace 1,900 acres of property – of which 1,460 acres is farmland. This morning’s Sacramento Bee featured an… Read more »

Eminent Domain Okayed in Newport Beach, 6/10/10

Posted & filed under In the News, Just Compensation.

By A.J. Hazarabedian Newport Beach city council members voted to adopt a resolution of necessity this week to acquire a portion of Back Bay Court Property Co.’s property on Jamboree Road. According to the Orange County Register article, “City OKs using eminent domain on mini-mall,” the sliver of land is needed for the Jamboree Road… Read more »

Is There Eminent Domain in Cyberspace?, 4/30/10

Posted & filed under In the News, Just Compensation.

By Glenn Block We came across an interesting column in the Los Angeles Times today regarding what appears to be the first case of eminent domain – sort of – in cyberspace.  How is that possible?  A San Francisco company called Linden Lab has created a virtual world known as Second Life.  Their website purports,… Read more »

Condemnation Clauses in Real Estate Agreements: Los Angeles Lawyer, 9/2005

Posted & filed under Just Compensation, The Power of Eminent Domain.

By Glenn L. Block and Robert T. Flick   Certain client instructions should alert counsel to consider taking a different tack. Real estate practitioners must be particularly wary when they hear, “Don’t nit pick the document, just make the deal.” Or, “Forget about the condemnation provision—this property will never be taken.” Wise counsel know that… Read more »

Compensation for Rented Property

Posted & filed under Just Compensation.

When a property is leased or rented, both the owner and tenant may be entitled to compensation, depending on whether the lease contains an enforceable condemnation clause. If there is no condemnation clause, the property is generally valued as a whole and that value is then divided among the owner and the tenants according to… Read more »

Loss of Business Goodwill

Posted & filed under Just Compensation.

California’s Eminent Domain Law — unlike the laws of most other states — provides that a business owner may be entitled to any loss of business “goodwill” caused by the taking of property on which the business is located. Business “goodwill” is defined in the Eminent Domain Law as: “The benefits that accrue to a… Read more »

Compensation Paid for Improvements

Posted & filed under Just Compensation.

Owners are entitled to compensation not only for their property, but also for “improvements pertaining to realty.” These improvements can be anything from pavement and fencing to furniture and machinery, depending upon the facts of a particular case. The government is required to pay the fair market value “in place” of such improvements. Value “in… Read more »