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Perspective

Jan. 10, 2017

Cases are game changers for condemnation authorities

Two recent Court of Appeal decisions have made condemnation more difficult and expensive for the condemning authority. By Joan S. Smyth and Edward B. Kang

Joan S. Smyth

By Joan S. Smyth and Edward B. Kang

Two recent cases have made condemnation more difficult and expensive for the condemning authority. The first case, The People ex rel. Department of Transportation vs. Presidio Performing Arts Foundation, 5 Cal. App. 5th 190 (2016), changed the standard for establishing loss of goodwill, making it substantially easier for a property owner to overcome the hurdle of establishing the right to goodwill to ...

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