California Supreme Court Restores Public Agencies’ Ability to Conduct Surveys Without First Filing Eminent Domain
On Thursday of last week, the California Supreme Court in the case Property Reserve, Inc. v. Superior Court of San Joaquin County ruled that government officials don’t need to go through a formal eminent domain process before they can survey private property. This decision reverses the ruling made by the Court of Appeal, which concluded… Read more »
Agencies’ Right to Access Private Property Without Filing Eminent Domain Action Still in Limbo – But a Little Less So
A year and a half ago, the California Court of Appeal issued a decision in one of the most significant court cases of the year, at least in the eminent domain world. For decades, California agencies have used California’s right of entry statutes to gain access to private properties to conduct investigations and tests before filing… Read more »
Studio City Residents and Community Groups Seek to Stop Property Owner’s Redevelopment Plains: Open Space vs. Condos
Open Space vs. Condos Proposed development of a portion of the privately-owned 17 acre Weddington Golf and Tennis, located on the banks of the Los Angeles River in Studio City, is a hot topic of debate between Studio City residents and the Weddington owners. The public golf and tennis facilities have been a neighborhood gem for… Read more »
Proposition 13: Property Tax Roll-Over in Eminent Domain Cases, 8/20/14
In 1978, California’s Proposition 13 created security for home owners by limiting property taxes to one percent of the property’s value with a maximum two percent increase for inflation of the property value in a year. The property tax is reassessed when the property is being sold or if certain improvements on the property increase… Read more »
Richmond, California Has Yet to Exercise Eminent Domain to Seize Underwater Mortgages, 6/30/14
While the city of Richmond is the first municipality to approve the concept of using eminent domain to acquire underwater mortgages, the city has yet to actually do so. The City Council has been unable to get the needed 5 out of 7 votes to go through with eminent domain proceedings. Therefore, the city is… Read more »
Pre-Condemnation Entry: Procedure Can Be Unconstitutional, 4/25/14
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 »
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 »
Disagreeing with the Government’s Deposit Amount
If you believe that the condemning agency’s deposit of probable compensation is too low, the property owner may apply to the court for an order requiring an increase in the amount of the deposit. Only upon a very strong showing that the deposit is much too low will the court grant such a request for… Read more »
The Government’s Offer…Accept?
A property owner is not required to accept the condemning agency’s offer. Instead, the property owner may make a counter-offer, or may assert a higher value for his or her property once the eminent domain action is filed in court. Property owners, tenants and business owners often receive higher, and in some cases, much higher… Read more »
Understanding a “Resolution of Necessity”
A “resolution of necessity” is the government agency’s formal decision to acquire property by eminent domain. It must be adopted before the condemning agency can commence an eminent domain action in court. California Code of Civil Procedure section 1245.230 provides that in order to adopt a resolution of ncessity, the government agency must find (1)… Read more »