Eminent Domain Report

We've previously reported on the Fresno Unified School District's plans to build its $20 million southeast elementary school which requires the acquisition of 20 different parcels.  While it initially appeared that the acquisition of the Foursquare Gospel Church would be a major hold-up, that no longer appears to be the case. 

According to a recent KMPH Fox News article, "Fresno Church Faces Eminent Domain," the District has reached a deal with the Foursquare Gospel Church, and eminent domain will no longer be necessary.  However, the story does not quite end there, as the ...

One interesting valuation issue eminent domain attorneys and appraisers run into in California is when a "special use" property -- such as a church or school -- faces condemnation.  How does one value such a property when there is no relevant market or comparable sales to rely on? 

The Legislature enacted Evidence Code section 824 to deal with such situations, specifically providing that such special use properties can be valued based on a reproduction or replacement cost analysis (i.e., the cost of purchasing replacement land, making the land suitable for the same use, and the cost of ...