Eminent Domain Report

Several members of Nossaman’s team presented at the International Right of Way Association Chapter 1 Annual Valuation Seminar held on May 28, 2026, in Montebello, California. The seminar covered a wide range of valuation topics as specifically applied in an eminent domain context.

Nossaman attorney Kevin Day collaborated with CBRE appraiser John Ellis in presenting their topic, “Recognizing the Value of Self-Storage Properties in Eminent Domain.” They discussed the methodologies and nuances of valuing self-storage facilities.

The presentation by David Graeler and Laura Mendenhall, “Top 10 Eminent Domain Decisions Every Valuation Professional Needs to Know (and Why They Matter in the Real World),” walked through the key California cases that shape how courts evaluate property value, business goodwill, severance damages, and appraisal methodology. The presentation emphasized the application of these rules in the real world, including how mistakes in applying them can affect case outcomes.

The “Top 10” list included the following:

1. Metropolitan Water District v. Campus Crusade for Christ (2007) 41 Cal.4th 954
2. County of San Diego v. Bressi (1986) 184 Cal.App.3d 112
3. Redevelopment Agency v. Attisha (2005) 128 Cal.App.4th 357
4. City of Los Angeles v. Decker (1997) 18 Cal.3d 860
5. New Haven Unified School Dist. v. Taco Bell Corp. (1994) 24 Cal.App.4th 1473
6. L.A. MTA v. Continental Development (1997) 16 Cal.4th 694
7. Redevelopment Agency v. International House of Pancakes (1992) 9 Cal.App.4th 1343
8. Merced Irrigation District v. Woolstenhulme (1971) 4 Cal.3d 478
9. People ex rel. Dept. of Transportation v. Muller (1984) 36 Cal.3d 263
10. Emeryville Redevelopment Agency v. Harcros Pigments (2002) 101 Cal.App.4th 1083

Some additional cases made honorable mention:

• City of Livermore v. Baca (2012) 205 Cal.Ap.4th 1460
• LAUSD v. Pulgarin (2009) 175 Cal.App.4th 101
• City of Porterville v. Young (1987) 195 Cal.App.3d 1260
• LAUSD v. Casasola (2010) 187 Cal.App.4th 189
• Redevelopment Agency v. Thrifty Oil Co. (1992) 4 Cal.App.4th 469

The cases selected for discussion at the seminar contain issues central to eminent domain valuation practice. Foremost among these is that goodwill is often a primary battleground in eminent domain cases with disputes focused on whether goodwill exists, who owns it, and how it should be measured. Although broadly defined, goodwill remains tightly constrained by statutory and case law requirements so there is a natural tension when valuing these claimed losses. The presentation emphasized that valuation requires legal precision: appraisal methodologies must align with statutory frameworks, evidentiary standards, and judicial precedent, or they may risk exclusion of expert testimony and reversal on appeal. Finally, the cases demonstrate that courts often favor real-world economics over more formulaic, abstract theories and calculations.  Goodwill valuation is primarily driven by how businesses actually operate in practice. However, policy considerations favoring assistance be given to displaced, small businesses also come into play. As the “Top 10” show, goodwill valuation is multi-faceted.