‘Reform’ that’s worse than doing nothing: Orange County CA Register, 5/24/07
Editorial Government-backed measure on reining-in eminent domain would do little good No one should be shocked by dishonesty in the political process, but an effort by the League of California Cities and other big-government organizations to supposedly restrict the abuse of eminent domain is so dishonest that it’s worthy of caution.Consider: The groups that over… Read more »
City of Del Rey Oaks Defends Eminent Domain Ordinance: Monterey County CA Herald, 5/24/07
By Andre Briscoe A new ordinance outlining how Del Rey Oaks could acquire property using eminent domain was written only to comply with state law, according to the city attorney. On Tuesday, the council heard the first reading of the proposed ordinance.But City Attorney Rob Wellington insisted that it was necessary to comply with recently… 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 »
Taking Possession of Property Before Final Value is Determined
California Code of Civil Procedure section 1255.410 authorizes the condemning agency to ask the court for possession of the property even before judgement has been entered in the eminent domain proceeding. The court may only do so, however, if the condemning agency has first deposited into the County or State Treasury the amount which it… 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 »
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 »
Retaining an Attorney
While on some occasions a property or business owner might be able to negotiate what he or she believes to be a fair price without legal representation, the reality is that in most cases, owners will obtain a significantly better overall net result (i.e., dollars in their pocket) when they are represented by competent, knowledgeable… 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 »
Partial Takings
Often, the government needs only a portion of a particular property, such as a strip of land needed for street widening. In those cases, just compensation is determined not only by the value of the part taken, but also by the damage to the remaining property. Such damages are called “severance damages,” i.e., damages caused… Read more »
Fair Market Value
The government is required to pay the “fair market value” of the property it acquires by eminent domain. California’s Eminent Domain Law generally defines fair market value as: “The fair market value of the property taken is the highest price on the date of the valuation that would be agreed to by the seller, being… Read more »