Pre-judgment interests are accrued interests on judgment amounts. Eminent domain is when the government “takes” private property for the public’s use and then owes fair and just compensation to the original private property owners. An eminent domain award is the court-ordered judgment amount that is based on the fair market…
In certain situations, it is possible for a property owner to sue the government for inverse condemnation when the government refuses to permit development and that refusal results in a “taking” under the United States constitution. If the city, state, or federal government refuses to permit development, it must take…
Everyone agrees that there is a shortage of affordable housing in California. There are many possible solutions to this problem, one of the solutions was the Legislature’s passage of AB 1486. What is the purpose of the Surplus Land Act? Government Code section 54220 sets the stage for the other…
The acquisition of private property for eminent domain usually proceeds on a long timeline. Before the government actually uses eminent domain to acquire private property, there is a substantial amount of planning. During the pre-condemnation period, which can stretch for years, a governmental entity often has the opportunity to make…
When there is so much real estate to buy in California, it may not be clear why anyone would benefit from purchasing surplus land in the first instance. After all, it requires going through a negotiation process with a public entity and may take longer than other land purchases. There…
In many ways, partition actions are relatively straightforward. Generally, in a partition action, the two property owners cannot agree on its use, and one of the owners asks the court to sell the property so each can go their separate ways. The question arises of whether one of the two…
The revised Surplus Land Act contains negotiation requirements to encourage the sale of surplus public land. Also, the law makes it more likely that the land will ultimately be developed for as much housing as possible. Prior to entering negotiations, however, AB 1486 requires that the agency selling the surplus…
Everything old is new again. Or so it seems. Sometimes a new thing really is new. In this case, the question is whether the new Surplus Land Act is truly as big of a change as touted. After all, there was a Surplus Land Act before, and there’s a Surplus…
The purpose of this article is to address the goals that California’s Surplus Land Act was designed to accomplish. The article will address the prior version of the Surplus Land Act, the changes to definitions made in 2019, and provide a big-picture perspective on its aims. In 2019, the California…
As if eminent domain is not bad enough, after you’ve gone through the process, the government wants to tax you on the land it made you sell. Savvy property owners, however, can limit their tax liabilities through the use of a 1031 exchange process. Can a property owner limit the…