The purpose of this post is to address the process where a governmental entity makes an offer to purchase property in contemplation of the later use of the eminent domain. This post will address the rule that applies for offers prior to eminent domain, known as “pre-condemnation offers,” address specifics…
Articles Posted in Real Estate Law
How Does a Partial Taking Affect My Property Taxes? (Treas. Reg 6 1.10233(a)-2(c)(10)
The purpose of this post is to discuss how a partial taking of your property may affect your property taxes. Often, in an eminent domain action, there are at least two types of damages or payment required. First, the government should pay the property owner for the property actually taken.…
How Does Eminent Domain Work?
For many of us, real estate is our most valuable asset and the thing that we rely on to provide security for retirement. It is also our passion where we can use our creativity to make our mark on the world. When we receive notice that it may be the…
How do I respond to an Eminent Domain Lawsuit?
What is the Eminent Domain Process? The eminent domain process begins with an environmental review, negotiations with property owners, a hearing before a public entity, and then eventually, an eminent domain lawsuit. After some preliminary negotiations, a public entity will generally hold a hearing on something called a “Resolution of…
Surplus Land Act Guidelines Released
Surplus Land Act Government Code section 54230.5 contains the “penalty” or “enforcement” provisions in the updated Surplus Land Act enacted under Assembly Bills 1255 and 1486 in 2019. Specifically, Section 54230.5 (a)(1) creates a penalty of “30 percent of the final sale price of the land sold in violation of…
What is the Surplus Land Act?
In 2019, California passed a revision to the Surplus Land Act to make more public land available for private development in order to address the State’s ongoing housing crisis. Who is subject to the Surplus Land Act? Currently, as a result of the Legislature’s revision in 2019, the Surplus Land…