Feds Use Eminent Domain to Acquire Public Street for Supposed “Public Use,” 6/3/14
On April 17, the federal government filed a lawsuit against the state of California and the East Bay Regional Park District to acquire McKay Ave in the city of Alameda through the process of eminent domain. Back in 2008, voters of Alameda passed Measure WW which gave the East Bay Regional Park District authorization to… Read more »
California Town Uses Eminent Domain To Eliminate Private Water Company, 4/10/14
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 »
Elsinore Valley Municipal Water District Prevails in Right to Take Challenge, 4/29/10
By A.J. Hazarabedian Elsinore Valley Municipal Water District received a favorable verdict in a case involving a right to take action. Property owner, John O’Doherty was challenging the water district’s right to take a portion of Third Street for a water pumping station. The verdict was discussed in a recent Press-Enterprise article, “Judge rules in… Read more »
Condemnation Clauses in Real Estate Agreements: Los Angeles Lawyer, 9/2005
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 »
“Public Use”
The Fifth Amendment of the United States Constitution and Article I, Section 19 of the California Constitution allow private property to be taken by eminent domain only for a “public use.” Traditional examples of “public uses” for which the government might exercise its power of eminent domain include such things as schools, roads, libraries, police… Read more »
Challenging the Government’s Right to Take Your Property
Even though most government agencies have the power of eminent domain, on occasion, a successful challenge to the government’s right to take a particular property for a particular project can be made. Such challenges, however, are the exception, not the rule, and usually result only in a delay, rather than outright prevention of the government’s… Read more »