Articles Posted in Eminent Law

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The acquisition of private property for eminent domain usually proceeds on a long timeline. Before the government actually uses eminent domain to acquire private property, there is a substantial amount of planning. During the pre-condemnation period, which can stretch for years, a governmental entity often has the opportunity to make land use decisions about property that it intends to acquire.

While there is nothing out of the ordinary with making land use decisions pending condemnation, per se, it can become problematic when those decisions lower the value of the land that will eventually be taken. In those situations, there is a question about whether the property owner in that situation can recover from the diminution in value.

Unreasonable Delay is Compensable

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As if eminent domain is not bad enough, and after you’ve gone through the process, the government wants to tax you on the land it made you sell. Savvy property owners, however, can limit their tax liabilities through the use of a 1031 exchange process.

Can a property owner limit the effects of eminent domain?

Internal Revenue Code section 1033 permits the owner of property taken by eminent domain to avoid income tax liability by purchasing qualified replacement property within a specified time following the condemnation.

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The purpose of this post is to address the process where a governmental entity makes an offer to purchase property in contemplation of the later use of eminent domain.

This post will address the rule that applies for offers prior to eminent domain, known as “pre-condemnation offers,” address specifics applicable to business, and then contemplate some difficult questions.

Eminent Domain Compensation

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So, You Bought a House with Your Boyfriend

As a millennial, we’ve faced financial challenges different from all those before us. We graduated college with more debt into the harsh job market of the Great Recession, and then have had to compete during one of the hottest housing markets ever. So, many of us have had to do things differently.

We’re having children later, getting married later, and maybe buying real estate before getting married. What happens, then, when you buy property with someone that you’ve decided is not going to be part of your long-term plans, and now you cannot agree on what to do with it. You’ve fought, you’ve negotiated, and now you just want to move on.

Partition
This article provides insight into how the partition process works so that you can know what to expect, and hopefully navigate the process more smoothly. The typical steps for a partition lawsuit are described below.

Sometimes, when you inherit real estate together with another family member, or you buy an investment with a partner, the relationship deteriorates and the parties cannot agree on what to do with the property. When you reach that situation, then a partition lawsuit is something you should consider.

The Partition Lawsuit Steps

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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 action, however, the unknown elements of the process can be a source of great anxiety.

This article provides insight into how the eminent domain process works so that you can know what to expect, and hopefully navigate the process more smoothly. The typical steps for the eminent domain process are laid out below.

The Eminent Domain Steps

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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 to provide some insight for anyone going through the process. 

The first thing to know about partition actions is that they are governed by “fairness,” or what is commonly referred to in the law as “equity.”  Although the California Code of Civil Procedure contains statutes that govern partition actions, all of a judge’s decisions in the action are supposed to be determined by what is fair. (CCP § 874.040.)

But what is fair? Generally, if a property is jointly owned by two parties and each of them have evenly split all of the costs, then naturally fairness would dictate that they evenly split the proceeds from the sale. As many of us know, however, life is rarely so neat and clean. 

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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 determination by a governmental entity that a piece of private property is required for the construction of public work. Following the hearing on a resolution of necessity, the governmental entity will file a lawsuit in eminent domain.

What is an Eminent Domain Complaint?

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