Barry A. Ross Eminent Domain Law Blog

The government conducts a public hearing and adopts a resolution of necessity.  The resolution authorizes the government to initiate the eminent domain action.  The resolution requires a two-thirds vote.  The resolution must contain certain specific findings relating to the public necessity of the project.  The next step is the filing of the lawsuit.  The government files the lawsuit and serves it on the property or business owner.  Frequently, the government... Read More

Questions that frequently arise are:  What are the amount of the attorney’s fees?  Who pays them?  When are they payable?  Attorney’s fees generally are not recoverable in an eminent domain action.  There are two major exceptions.  If the government does not make the property or business owner a reasonable settlement offer, but the property or business owner does make the government a reasonable offer, the property or business owner is entitled to... Read More

Eminent domain is very important in connection with leases.  Leases usually have provisions that relate to eminent domain.  These are provisions that few read until there is an eminent domain lawsuit.  It is important to be aware of the lease provisions and be sure that your clients are protected.  Most leases are drafted by lessor’s attorneys.  The leases provide that in the event of eminent domain, all of the proceeds from eminent domain go to the lessor... Read More

Sometimes, the government does not want to acquire all of the property because it does not need it all.  The government does not want to pay for what it does not need.  This is referred to as a “partial take.”  When the government takes a portion of the property, this may have an impact on the remainder of the property.  In other words, the remainder of the property may not be as valuable as it was prior to the “partial take.”  The damages... Read More

In connection with eminent domain, there is often a relocation of the occupants of the property.  The occupants may be owners or tenants.  The occupant is usually entitled to relocation benefits.  Relocation benefits include moving costs, storage costs, replacement advertising costs, replacement housing costs, and physical improvements to the new location.  In the case of a business, the business owner is entitled to be compensated for loss of goodwill, i.e., loss of... Read More

· Inverse Condemnation

            Inverse condemnation is the opposite of eminent domain.  Inverse condemnation occurs when the government engages in some activity which diminishes the usefulness and value of the property.  The property or business owner requests the government to compensate for the loss of use and loss of value of the property or business.  Inverse condemnation can arise in a variety... Read More

Eminent domain is a procedure whereby the government acquires all or a portion of property for a public use upon paying just compensation.  The government may be the U.S. government, the State of California, the County of Orange, a city, a water district, a redevelopment agency, or any other government agency.  There has been much publicity about eminent domain because of the widening various freeways.  Eminent domain is not limited to freeway widening projects.  It may... Read More

The government's right to use eminent domain is found in the United States Constitution and the California Constitution.  These provisions have been there since the constitutions were created.  There are two primary restrictions.  First, the government must provide "just compensation."  Thism eans "fair market value."  Such is the main area of dispute in eminent domain actions.  Second, the proprty can only be taken for a "public... Read More