Eminent Domain Report

On the first day of Christmas my client came to me and asked: “who holds title to the partridge in a pear tree that is within our new proposed right-of-way?” I replied that a partridge is a wild animal and not typically subject to private ownership, however if the landowner claims it is a “pet”, it would be considered personal property.

On the second day of Christmas, my client asked me “what do we do if we find two turtle doves on the property that we need to condemn for a new highway?” I said let’s get a right-of-entry from the landowner to do a survey and environmental testing and ...

During the past several years, we’ve been following an eminent domain case playing out in Mendocino County related to the Skunk Train. In 2023, the court concluded that the Skunk Train operator, Mendocino Railway, did not have the right to take property because it was not proposing to put the property to a public use. In a recent unpublished opinion, the Court of Appeal revisited this conclusion, and addressed whether a railroad corporation qualified as a public utility with the authority to exercise eminent domain, and what evidentiary showing is required to establish public use ...

Conservation easements generally preserve land in a predominantly natural or agricultural state. The efforts behind these easements often go unappreciated. The same is true for the notice requirements that correspond with the acquisition of property encumbered by a conservation easement. Failing to heed these notice requirements can impede acquisition efforts and add cost and delay to public projects.

Code of Civil Procedure section 1240.055 sets forth valuation and notice requirements for acquiring conservation easements under threat of condemnation in California.* It ...

Public utilities rely on access to private and public land to build and maintain essential infrastructure. Understanding the right-of-way and condemnation process enables utilities to secure land legally, avoid delays and maintain a balance between operational needs and property owners’ rights. Without a firm understanding of this basis, projects may be delayed, costs can quickly rise and risk exposure increases.

Any acquisition has two parts: (1) the pursuit of a negotiated acquisition through the pre-condemnation process and (2) the involuntary condemnation of the ...

We recently detailed Senate Bill 254, which overhauls California’s approach to wildfires. In addition to promoting new transmission facilities, replenishing the wildfire fund, streamlining the siting process and exempting underground plans, there was a notable addition that has not received as much attention: the Natural Catastrophe Resilience Study. There’s a great article by Travis Ritchie, California Wonders if it is Doing Wildfire Risk All Wrong, that covers this topic. In particular, he notes that utilities in California are vulnerable to wildfire liability ...

During the past several years, California legislators have been pushing through new legislation to increase potential housing opportunities in California. In October, Governor Newsom signed California Senate Bill 79 (SB 79), which opens up new residential developments near rail and bus stations in major California communities. Specifically, SB 79 creates rules to override local zoning regulations related to height and density for sites near transit-oriented development stops and applies to the “urban transit communities” of Los Angeles, Orange, San Diego, Alameda ...

Public infrastructure projects typically take years of planning. And sound government forecasting necessitates identifying future roads or extensions on general plan documents. If a property owner decides to purchase property that is likely to be impacted by a future public project, once that project comes to fruition and it’s time to acquire the property, how does the valuation work? Do the appraisers consider the project and its impact on the property, or do they disregard it? This is a complicated, fact-intensive issue, and one that requires balancing eminent domain laws ...

A quick overview of Eminent Domain and its use in Texas

The power of eminent domain originates in the Fifth Amendment of the United States Constitution (Takings Clause). A State’s eminent domain authority is delegated by specific legislatively enacted statutes to state agencies, political subdivisions (i.e. cities, counties and special districts) and even some private entities, which are bound by relevant constitutional restrictions when exercising the power of eminent domain to condemn private property. Condemnation is the legal process that governmental entities and ...

Bernadette Duran-Brown and I will be presenting “Inverse Condemnation: Money & Dirt, Valuation & Legal Issues" during the Appraisal Institute’s 58th Annual Litigation Seminar on November 6, 2025. Our panel will provide an overview of inverse condemnation law, how it applies to property owners and public agencies, how it has expanded to include potential natural disasters and different valuation issues that arise in the context of this area of law..

The Appraisal Institute empowers real property valuation professionals through community, credentialing, education, body ...

When public agencies or utilities move forward with infrastructure projects, one of the most critical steps is determining exactly what property rights must be acquired. Too often, agencies focus solely on the permanent footprint of the project, only to discover late in the process that they lack authority for construction activities, staging areas or access. Early project planning on the front end helps avoid costly delays, litigation and redesign.

Existing Rights

The first analysis should always be – what rights are already in place? Many agencies or utilities hold ...