Modesto Considers Using Eminent Domain for Pelandale Freeway Project, 5/23/12
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 »
Cathedral City May Use Eminent Domain to Acquire Angel View Thrift Mart, 8/22/11
By A.J. Hazarabedian A thrift mart in Cathedral City is facing eminent domain to make way for future downtown development, reports The Desert Sun. Angel View Thrift Mart has been operating at the East Palm Canyon Drive location since before the city was incorporated. And now, if the city gets their way, the store will… Read more »
California Farmers Fear High-Speed Rail, 1/17/11
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
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
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 »
VISTA: Member breaks rank with Vista redevelopment panel; The North County Times, 3/17/10
By Cigi Ross A member of a Vista redevelopment committee is being chastised by his colleagues for distributing a letter to downtown merchants and homeowners that warns their property may be in danger of being seized by the city. Jerome Hymes, a member of the Project Area Committee, recently distributed the letter to about 35… 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 »
Compensation for Rented Property
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
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
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 »