Eminent Domain Report

In August, I reported on the decision in City of Perris v. Stamper, in which the Court of Appeal weighed in on the ever-shifting line dividing the judge and jury's roles in eminent domain cases. At the time, I poked a bit of fun at a former colleague,Rick Friess, who won the appeal but was still complaining that the Court didn't see everything exactly his way.

Well, it appears that my good friend hasn't quite given up yet. Last week, the California Supreme Court decided to hear the case, meaning Rick will have one more crack at his dedication argument. The Supreme Court is limiting its review to ...

When Governor Brown eliminated California’s redevelopment agencies with one swipe of his pen (OK, fine, he had a bit of help from the California Supreme Court as well), one of the things that got a bit lost in the ensuing chaos is the fact that California’s redevelopment law had evolved over the decades, becoming hopelessly intertwined with any number of other laws.

One such law is the Polanco Act, Health and Safety Code sections 33459 et seq.  The Polanco Act provided the government with tools to clean up contaminated property.  More specifically, it allowed the government either to ...

The Southern California Chapter of the Appraisal Institute will be holding its 46th Annual Litigation Seminar this Friday, November 15.  The list of topics sounds fantastic:

• It's Just a Simple Rent Re-Setting in a Ground Lease
• If the Glove Doesn't Fit . . . Make it Fit (Abuses in the Tax Appeal Process)
• Hot Topics in Eminent Domain
• Planning for and Managing Large Acquisition Projects -- Lessons Learned
• Uneconomic Remnants -- Are They Always?
• We Just Need Your Property on a Temporary Basis -- For the Next 4 Years
• Decisions, Decisions, Decisions (A Review of Recent Major Valuation Cases)
• The ...

Last week, the Agoura Hills City Council approved acquiring 14 properties through eminent domain for its Augora Road Widening and Canwood Street Improvement Project, as reported by The Acorn.  The purpose of the project is to reduce traffic congestion and provide an emergency bypass road to the 101.  The project will expand Agoura Road from two lanes to four lanes, provide sidewalks, bike paths and landscaped pathways and medians. There will also be improvements to Kanan Road as a result.  Almost half of the acquisitions consist of only temporary construction easements. 

Some ...

Eminent domain litigation can be expensive.  Acquiring small strips of property often costs more in legal and appraisal costs than the value of the property itself.  Sometimes public agencies have no choice but to condemn these minor acquisitions, as property owners cannot be found, will not negotiate, or otherwise take unreasonable positions.  But when property owners are willing to reasonably negotiate, public agencies need to think hard about these cost savings and weigh them against setting a precedent for other acquisitions.  

For example, if it will cost an agency $20,000 in ...

Caltrans and the Amador County Transportation Commission have scheduled a public workshop for the proposed State Route 88 Pine Grove Improvements Project for tonight at 5:30 p.m.  The workshop will take place at the Pine Grove Town Hall, located at 19889 Highway 88, Pine Grove, California 95665.  The notice for the public workshop states that Caltrans and the County Transportation Commission have proposed "to modify State Route 88 through the Town of Pine Grove in order to reduce congestion, improve operations and enhance safety between the intersections at Climax Road and Tabeaud ...

Yesterday, the California Supreme Court decided one of two pending cases dealing with inclusionary housing, holding that when a public agency requires a developer to convey units at below market rates and make substantial cash payments, the developer may challenge these conditions under the California Mitigation Fee Act.  (Sterling Park v. City of Palo Alto (Oct. 17, 2013) 2013 Cal. Lexis 8112.)  The California Supreme Court’s decision clarifies the scope of the Mitigation Fee Act, confirming that inclusionary in-lieu fees are subject to the essential nexus and rough ...

Eminent domain actions are unique in that "the court, rather than the jury, typically decides questions concerning the preconditions to recovery of a particular type of compensation, even if the determination turns on contested issues of fact."  (See Emeryville Redevelopment Agency v. Harcros Pigments, Inc. (2002) 101 Cal.App.4th 1083, 1116.)  This is consistent with the general rule in eminent domain that the jury’s role is only to determine the amount of damages, leaving other questions to be resolved by the Court.  While these factual disputes are typically decided by the judge ...

The California Transportation Commission announced this week that it has awarded $359 million to help fund 36 projects in California.  Some of the projects receiving funding include:

• $140 million to the Bay Area Rapid Transit (BART)  to purchase 46 new rail cars that will provide new service from the BART/Caltrain Millbrae Station directly to San Francisco International Airport.
• $15 million to Santa Clara for the US 101 Freeway Performance Initiative.
• $43.8 million for the SR 99/Pelandale Interchange in Modesto.
• $46 million for improvements to I-405 in Orange County

A full list of ...

On October 5, 2013, Governor Brown signed AB 401 (Daly, D- Anaheim) into law.  The new law grants Caltrans, Orange County Transportation Authority, the Santa Clara Valley Transportation Authority and other regional transportation agencies expanded authority to use design build for project procurement.  You can view a summary of the new law here.  Highlights include:

• Caltrans is now able to use design-build procurement for 10 projects on the state highway system;
• The Orange County Transportation Authority may now use design-build for improvements on the I-405;
• The Santa Clara ...