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…
Continue reading ›The purpose of this post is to discuss how the proceeds of a partition action are divided between the owners of the property. This post will address the general rule for partition actions, address common instances, and provide some insight for anyone going through the process. The first thing to know about partition actions is…
Continue reading ›At some point or another, it becomes necessary to have “the talk” and “define the relationship” within a business. While the thought of defining business roles may make some people nervous, not having a conversation is a source of even greater anxiety when the relationship involves an investment, business venture, or development project. The problem,…
Continue reading ›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…
Continue reading ›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 this article for a first…
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