Articles Tagged with eminent domain action

Underwood-Blog-Images-300x300A temporary construction easement (TCE) is a specialized form of easement that a public agency frequently uses as part of an eminent domain project when it “seeks to obtain exclusive possession of a portion of the property for a significant, albeit temporary, period of time.” (Property Reserve, Inc. v. Superior Court (2016) 1 Cal.5th 151, 199.) 

This post will seek to address those issues which commonly arrive in connection with TCE’s and how they may affect you. 

What is an Easement?

A lawyer holding her gravel with documents on her desks and beside her is someone holding lots of money.
Yes. But it is a complex affair. Eminent Domain proceedings take on a unique structure with expert testimony as the backbone for the determination of fair market value. Neither side of the litigation has the burden of proof on this issue of just compensation, and unlike the traditional civil court case, the Defendant presents their evidence first. (Code. Civ. Proc. § 1260.210.)

Additionally, judges will often place limits on what a homeowner may testify to and can screen the witness beforehand to ensure that they’ll be employing a valid methodology on the stand. Taken as a whole, the process can be quite daunting to the layperson. This post will therefore look to the common issues and questions which arise regarding testimony in eminent domain.

The Importance of Testimony in Eminent Domain Proceedings

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