In Washington State, when a public agency determines it needs to acquire property for a public project, the agency will work directly with the private property owner to negotiate a purchase price for the property rights needed. However, if the agency reaches an impasse in the negotiations with the property owner, the public agency may turn to its eminent domain power and initiate a condemnation lawsuit. A condemnation lawsuit triggers the formal legal process for the agency to take private property for a public purpose without the owner’s consent in exchange for payment of just ...
This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal and state cases impacting takings, land use and development in California. On Saturday, I was an attendee at the Fall Forum where IRWA professionals throughout Region 1 (California, Nevada, and Arizona) shared updates on the status of the industry in their area. …
Welcome to the first installment of our video series from Nossaman’s 2019 Eminent Domain Seminars. In this segment, Nossaman Partner Rick Rayl discusses the initial appraisal process and benefits of a strong appraisal.
Right of Way Certification is a key project milestone; not only does it mean a project is ready for advertising but obtaining certification by a certain date is often a prerequisite for funding. Tying certification to dollars means it’s crucial that agencies acquire property and/or obtain orders for possession in a timely manner. As we’ve discussed here before, this can mean filing an eminent domain action while still negotiating with property owners, something many agency boards are reluctant to do.
The latest example of the perils of prejudgment possession comes out of Butte ...
It's been a crazy couple weeks with the redevelopment saga continuing to play out in California. But let's shift gears and take a breather – at least for a moment – while hundreds of redevelopment agencies continue to hang on for dear life.
I received a call today from a business owner who faced a potential eminent domain action, and the owner unforntuately did not take the appropriate steps to preserve goodwill and find a suitable relocation site. The owner's difficult dilemma prompted me to mention an excellent article I came across a while ago from Martyn Daniel LLC
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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