When a public agency acquires property for a public project, property owners have a constitutional right to receive just compensation. But what about the businesses that operate on the property – are they entitled to anything? The rights of business owners vary from state to state, as there is not a constitutional right to compensation for
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Environmental Considerations for Right of Way Acquisition: Identifying and Tackling Pre-Acquisition and Post EIR/S Issues
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…
Come And Take It, and the Basics of Condemnation in Texas.
Come And Take It, and the Basics of Condemnation in Texas.In 1831, the colony of Gonzales requested a cannon for defense that was granted by the Mexican authorities. This cannon was a Spanish made bronze six-pounder. The grant had one condition; the cannon had to be returned when asked. By 1835, the political climate had…
Masters of Trial
Join me on January 24, 2025, as I participate in the “Masters of Trial” panel during CLE International’s 27th Annual California Eminent Domain Conference in Irvine, CA. Our panel will discuss effective direct and cross examination of appraisers and other experts.CLE International’s California Eminent Domain Conference provides the opportunity to network with attorneys, appraisers, agency…
Development Plans and Permitting Efforts Help Ripen Regulatory Takings Claims
Investors and developers scour the Southern California real estate market searching for opportunities to buy dated houses that they can demolish and replace with large, modern homes to sell for much more. A few individuals likely thought they struck gold after inheriting a small bungalow cottage in Coronado, California with panoramic views of the Bay…
Development Conditions Requiring Off-Site Property Acquisitions Not Subject to Takings Law?
Development Conditions Requiring Off-Site Property Acquisitions Not Subject to Takings Law?We’ve reported in the past that public agencies are more frequently demanding certain off-site public improvements to accommodate proposed private developments as a condition of entitlement approval. These can range from street widenings to accommodate additional traffic, pump stations for additional water capacity, or flood…
Outline of Changes to Regulations Implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (as amended)
Outline of Changes to Regulations Implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (as amended)The regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the “Uniform Act” or “Act”) have not been amended since 2005. In 2019, the U.S. Department of Transportation promulgated proposed regulations.…
Zoning Activities Are Not Protected Speech
When a property owner brings a regulatory taking / inverse condemnation claim based on a city or county’s zoning decisions, the owner often provides context and history, including public statements made by staff, board members or city council members. Are those public statements protected speech and therefore subject to California’s Anti-SLAPP statute? A recent California…
Water Agencies Beware Before Proceeding with Forced Municipalization
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…
Jillian Friess Leivas Awarded International Right of Way Association Region 1 Young Professional of the Year Award
Jillian Friess Leivas Awarded International Right of Way Association Region 1 Young Professional of the Year AwardJillian Friess Leivas recently represented IRWA Chapter 67 (Orange County) at the 2024 Region 1 Spring Forum in Las Vegas, Nevada as the Chapter’s President-Elect and International Director. IRWA Region 1 encompasses all chapters within California, Nevada and Arizona.…