Compensation for Rented Property

Posted & filed under Just Compensation.

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 »

“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 »

Loss of Business Goodwill

Posted & filed under Just Compensation.

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

Posted & filed under 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

Posted & filed under Just Compensation.

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

Posted & filed under Just Compensation.

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 »