In Colorado, eminent domain (also known as condemnation) proceedings take place in several phases. These proceedings are similar to, but not the same as, other civil trials. Few attorneys — let alone property owners — have...more
Eminent domain is typically used for roads, utilities, schools, and even airports, but in California, it is quite unusual (perhaps even unheard of) to use eminent domain for space travel. ...more
California law requires condemning agencies to make an offer of just compensation to a property owner before adopting a resolution of necessity and initiating an eminent domain lawsuit. The offer must be provided with a...more
One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more
In a ruling that benefits public agencies, a state appellate court yesterday overturned a finding of precondemnation liability against the California Department of Transportation. The court held that a causal relationship...more