Eminent Domain Report

The California Supreme Court announced today that the Property Reserve case will be heard on May 3, 2016, at 9:00 a.m. in San Francisco.  (I'm assuming this is not an April Fool's joke, since eminent domain attorneys have been awaiting this for a long time now.)

The Court will decide whether California's precondemnation right of entry statutes are constitutional.  As has been discussed at length for more than a year in our industry, the decision could effect sweeping changes in how condemning agencies access properties for necessary inspections and testing.  We posted a detailed discussion of the Court of Appeal opinion when it was issued back in March 2014.

The Court will not issue a decision on May 3, but the tone of the argument and the Court's questions could provide key insights into how the Court will ultimately rule.  Typically, the Court issues its decision within 90 days of oral argument, so we should have a decision sometime this summer.  Stay tuned.