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
When entering into a lease agreement, parties rarely contemplate that the property may be subject to a future eminent domain proceeding. As a result, many times the condemnation provision in the lease is given little...more
Early this year, the Supreme Court of New York, Richmond County issued a comprehensive opinion in Galarza v. City of New York, 58 Misc.3d 1210(A), reaffirming and clarifying the nuances of condemnation, takings and just...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
On July 21, 2016, the California Supreme Court in Property Reserve v. Superior Court upheld the state’s precondemnation entry and testing statutes provided they were reformed to allow impacted property owners the ability to...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
As cities become more dense and urbanized, it is common for infrastructure to get outdated or insufficient to handle increased demand. We see this with roads, highways, schools, and even utilities. When new infrastructure...more
The condemnation of property for public works may not always be as clean and easy as the government would like. Although local governments are often critical players in the cleanup and redevelopment of contaminated...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