California Town Uses Eminent Domain To Eliminate Private Water Company, 4/10/14

Posted & filed under In the News, The Power of Eminent Domain.

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

Posted & filed under In the News, The Power of Eminent Domain.

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

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 »

“Public Use”

Posted & filed under The Power of Eminent Domain.

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

Posted & filed under The Power of Eminent Domain.

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 »