Articles Posted in Inverse condemnation action

Can a property owner testify as to the value of their property in eminent domain? (CCP § 1260.210)
Underwood Law Firm, P.C.

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…

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​​Can a property owner sue for inverse condemnation when the government refuses to permit development?
Underwood Law Firm, P.C.

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 away all or substantially all…

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