When public agencies acquire property for future public projects, many times they are only focused on negotiating the acquisition price with the property owner. If an acquisition price can be agreed upon voluntarily, eminent domain can be avoided. But focusing solely on negotiations with the property owner can lead to surprises and exposure on total compensation that may be due to other parties. A recent article in the Riverside Record, RUSD Agrees To Pay Nearly $1M To Relocate Cellphone Tower, serves as an important reminder for agencies that they must carefully review title ...
As Nossaman’s annual eminent domain seminars are coming up on April 21st and April 28th, we thought it would be a perfect opportunity to do a little refresher on the condemnation process so that attendees are ready to dive in at the upcoming seminars.
What is Eminent Domain?
Eminent domain is the power to take property for “public use” upon paying just compensation. This power is rooted in the Fifth Amendment of the United States Constitution and Article I, Section 19 of the California Constitution.
Who has the Power of Eminent Domain?
In California, traditional public entities ...
We are pleased to provide the next installment of our video series from Nossaman’s 2019 Eminent Domain Seminars. In this segment, Eminent Domain Partner and Litigation Department Chair David Graeler discusses managing Temporary Construction Easements when there is a project delay.
My partner Brad Kuhn and I spoke yesterday at the IRWA Chapter 1 Valuation Conference. Our topic involved large-scale acquisitions, and what makes them different from a typical, single-parcel acquisition. As always, the Conference was well attend. And as always, both the panelists and the audience are made up of a great cross-section of the top right of way practitioners in Southern California. This mix often leads to some great discussions -- and yesterday was no exception.
One of the questions that arose during our presentation involved the fairly recent requirement that agencies ...
Anyone involved in the right-of-way industry understands that communication is key. Whether you are on the side of a property owner or a public agency, a forced acquisition of property is never comfortable. But being straightforward and opening an honest dialogue usually goes a long way. Public agencies and their agents should be prepared to explain the need for the public project, the details of the take, the potential impacts, and how the value of the property was determined.
A perfect example of what happens when there is miscommunication is highlighted in a Redding.com article by ...
Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in the United States.
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