De La Torre proposes limits on eminent domain for private uses: San Jose CA Mercury News, 5/21/07
By Steve Lawrence, Associated Press California governments would be prohibited from using their eminent domain powers to acquire owner-occupied homes for shopping malls or other private development under legislation proposed Monday by a Democratic lawmaker and backed by a coalition of business, homeowner and environmental groups.The constitutional amendment and an accompanying bill by Assemblyman Hector… Read more »
Coalition Introduces Eminent Domain Reform Package: Californians for Eminent Domain Reform, 5/22/07
Group Introduces ACA 8 and a Companion Statutory Measure (De La Torre) to Protect Homeowners and Small Businesses from Eminent Domain Press release A broad coalition of homeowner groups, small business representatives, labor, environmental, community and ethnic organizations today joined Assemblyman Hector De La Torre (D-South Gate) in unveiling a package of eminent domain reforms… Read more »
Eminent domain ‘reform’ a scam by backers of status quo: San Diego CA Times-Union, 5/24/07
Opinion By Chris Reed It could not be more obvious that California needs to reform eminent domain laws, which are often used to punish homeowners and businesses out of favor with City Hall and reward well-connected firms. So I welcomed news that another eminent domain reform initiative had surfaced in Sacramento.Unfortunately, it turns out to… Read more »
‘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 »