Eminent Domain Report

Last week, we give a brief overview of the new published California Court of Appeal decision in City of Gardena v. Rikuo Corporation (Feb. 7, 2011).  For anyone interested in a more detailed explanation of the City of Gardena case, you can read our E-Alert, "Court Dismisses Appeal Arising From Stipulated Eminent Domain Judgment."

The case is probably worth a read for all of us in the right-of-way industry, as the decision serves as an important reminder for public agencies and property owners to carefully document eminent domain settlements, especially where additional actions are necessary in order to effectuate the settlement (such as curing remediation or undertaking additional construction activities).  If the parties enter into a stipulated judgment, they may inadvertently waive the right to appeal from any post-judgment orders the trial court gets wrong unless the settlement is properly implemented.

If you have any questions, feel free to let us know.