eminent domain award Archives

What is a Pre-Judgment Claim to a Right of Possession in Eminent Domain? (CCP § 1255.260)

Published on: October 26, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-4-300x300 Eminent Domain proceedings will almost always end with the government taking title to private property after it pays out “just compensation” to a homeowner.

But sometimes, the government begins condemnation proceedings against the backdrop of a large project with encroaching deadlines. In these instances, California law allows the entity to obtain possession of the property early on in the condemnation process, granting the government the ability to begin its work sooner rather than later.

That said, there are numerous requirements that the government must fulfill in order to obtain pre-judgment possession. And even when the government meets its burden, defendant property owners can still oppose early possession by meeting various showings of hardship.

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In Eminent Domain, what must be included in a pre-condemnation offer? (Gov. Code § 7267.1)

Published on: September 23, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-2-300x300 A pre-condemnation offer is a formal offer based on an appraisal that the government needs to offer a property owner prior to filing a condemnation claim in court. Condemnation is the special word given to eminent domain actions and should not be confused with the condemnation that is associated with those actions taken by the government against properties that pose health risks and other hazards to the public.

The pre-condemnation offer is incredibly important, and the government’s failure to comply with the strict statutory guidelines in place can result in massive expenses during a condemnation hearing. The Underwood Law Firm is familiar with Eminent Domain disputes over property values and is more than capable of assisting you from the appraisal phase to a condemnation trial.

What is Eminent Domain?

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Can a property owner testify as to the value of their property in eminent domain? (CCP § 1260.210)

Published on: June 28, 2022 | By Underwood Law Firm, P.C.

A lawyer holding her gravel with documents on her desks and beside her is someone holding lots of money.
Yes. But it is a complex affair. Eminent Domain proceedings take on a unique structure with expert testimony as the backbone for the determination of fair market value. Neither side of the litigation has the burden of proof on this issue of just compensation, and unlike the traditional civil court case, the Defendant presents their evidence first. (Code. Civ. Proc. § 1260.210.)

Additionally, judges will often place limits on what a homeowner may testify to and can screen the witness beforehand to ensure that they’ll be employing a valid methodology on the stand. Taken as a whole, the process can be quite daunting to the layperson. This post will therefore look at the common issues and questions which arise regarding testimony in eminent domain.

The Importance of Testimony in Eminent Domain Proceedings

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What is pre-judgment interest on an eminent domain award? (CCP § 1245.220)

Published on: June 6, 2022 | By Underwood Law Firm, P.C.

Books stacked on a desk with a lawyer's gravel. 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 value of the property owed to the private property owner.

Generally speaking, eminent domain awards must be paid out to the private property owner before a property’s title can be transferred or the government can take physical possession of the property. Read on to understand what both pre-judgment interests are and eminent domain awards contain.

What is a pre-judgment interest?

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How does a 1031 Exchange Work in Eminent Domain? (I.R.C. § 1033)

Published on: October 30, 2021 | By Underwood Law Firm, P.C.

Aerial view of land as a background image with texts about eminent domain
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 effects of eminent domain?

Internal Revenue Code section 1033 permits the owner of property taken by eminent domain to avoid income tax liability by purchasing qualified replacement property within a specified time following the condemnation.

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Why Don’t Business Owners Receive Compensation Offers in Eminent Domain? (Gov. Code § 7267.1)

Published on: October 29, 2021 | By Underwood Law Firm, P.C.

Business man handing over an envelopment to another man inside the office
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 applicable to business, and then contemplate some difficult questions.

Eminent Domain Compensation

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How Does a Partial Taking Affect My Property Taxes? (Treas. Reg 6 1.10233(a)-2(c)(10)

Published on: October 22, 2021 | By Underwood Law Firm, P.C.

Property Tax illustration with a person's hand typing on a laptop
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.

Second, when the government takes anything less than the entire parcel, the government should also pay the property owner for any damages caused to the property left-over.

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How Does Eminent Domain Work?

Published on: October 14, 2021 | By Underwood Law Firm, P.C.

A person writing on an office desk holding a key beside a model miniature house.
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 subject of an eminent domain action, however, the unknown elements of the process can be a source of great anxiety.

This article provides insight into how the eminent domain process works so that you can know what to expect and hopefully navigate the process more smoothly. The typical steps for the eminent domain process are laid out below.

The Eminent Domain Steps

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How do I respond to an Eminent Domain Lawsuit?

Published on: September 22, 2021 | By Underwood Law Firm, P.C.

Two business men shaking hands on a meeting

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 Necessity.” This is a formal determination by a governmental entity that a piece of private property is required for the construction of public work. Following the hearing on a resolution of necessity, the governmental entity will file a lawsuit in eminent domain.

What is an Eminent Domain Complaint?

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