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City of Ontario v. We Buy Houses Any Condition
Property's blighted condition did not excuse City of Ontario from eminent domain requirements necessitating identification and specification of project with public purpose.
Eminent Domain 4DCA/1 Aug. 2, 2024
Pacific Gas and Electric Co. v. Superior Court (South San Joaquin Irrigation District)
Pacific Gas & Electric may challenge another utility company's presumptive right to take its property and introduce evidence contradicting that right.
Eminent Domain 3DCA Sep. 25, 2023
Kimball-Griffith, L.P. v. Burman
Failure to allege a property interest in easement over an access road was fatal to plaintiff's claims under the Takings Clause.
Eminent Domain 9th May 11, 2023
Robinson v. Superior Court (Southern California Edison Company)
In a condemnation action, the trial court improperly granted possession when it failed to expressly find that a nonpublic utility entity had proven each requirement in Code of Civil Procedure Section 1240.030.
Eminent Domain 5DCA Mar. 6, 2023
City of Escondido v. Pacific Harmony Grove Development
Porterville doctrine applied and valued condemned property at its undeveloped state.
Eminent Domain 4DCA/1 Aug. 30, 2021
Cedar Point Nursery v. Hassid
Government regulation that grants labor organizations 'right to take access' to agricultural employer's property to solicit support for unionization is 'per se' taking.
Eminent Domain USSC Jun. 24, 2021
Rutgard v. City of Los Angeles
Because City 'finally adopted' its resolution reauthorizing existing stated public use for condemned property past 10-year deadline, City was required to offer to sell property back to its original owner.
Eminent Domain 2DCA/2 Aug. 3, 2020
Thee Aguila v. Century Law Group
Lessee's leasehold interest and interest in goodwill as a business owner exist separately, and collateral estoppel barred plaintiff's claim to monies paid for condemnation decided in previous eminent domain proceedings.
Eminent Domain 2DCA/1 Jul. 5, 2019
Modification: Los Angeles County Metropolitan v. Yum Yum Donut Shops
Condemnees showing loss of some goodwill value that cannot be prevented by relocating or other reasonable measures need not mitigate to be entitled to some recovery and a jury trial.
Eminent Domain 2DCA/1 Mar. 28, 2019
Los Angeles County Metropolitan etc. v. Yum Yum Donut Shops
Condemnees showing loss of some goodwill value that cannot be prevented by relocating or other reasonable measures need not mitigate to be entitled to some recovery and a jury trial.
Eminent Domain 2DCA/1 Feb. 28, 2019
Medical Acquisition Company v. Superior Court
A court has discretion in an eminent domain proceeding under CCP Section 1268.140 to impose an undertaking on a post-judgment withdrawal of a quick take provision deposit.
Eminent Domain 4DCA/1 Jan. 12, 2018
Murr v. Wisconsin
Under necessarily flexible Takings Clause inquiry, where regulation merging landowners' two lots, and foreclosing sale of either separately, leaves appreciable value in merged lot, and where physical characteristics of land suggest, lots rightly considered one parcel and said regulation not a taking.
Eminent Domain USSC Jun. 26, 2017
Central Valley Gas Storage LLC v. Southam
Landowner subject to condemnation action unsuccessful in challenging method used to calculate value of land used in underground natural gas storage project.
Eminent Domain May 12, 2017
Property Reserve Inc. v. Superior Court (Department of Water Resources)
Trial court errs in holding precondemnation proceeding exempt from discovery, but landowners' failure to show prejudicial error results in affirmance.
Eminent Domain Dec. 19, 2016
P. ex rel. Dept. of Transportation v. Presidio etc. Arts Found.
Where party seeks compensation for business goodwill lost due to eminent domain action, no single method required in determining value of goodwill lost.
Eminent Domain Nov. 6, 2016
Property Reserve Inc. v. Superior Court (Department of Water Resources)
California Department of Water Resources wins reversal of judgment prohibiting its entry onto private property to conduct geological and environmental testing relating to potential water project.
Eminent Domain Jul. 22, 2016
City and County of S.F. v. PCF Acquisitionco
Conditional offer in eminent domain action 'not really an offer at all,' and does not prevent successful defendant from recovering litigation costs.
Eminent Domain May 27, 2015