Eminent Domain, A Step-by-Step Guide to the Acquisition of Real Property
Book Details
Description
For public sector attorneys, land acquisition staff and appraisers, and others who need to know how the eminent domain process works.
This 2015 edition includes significant updates regarding procedural changes and court rulings occurring in the eminent domain law since the last edition, as well as updated recommendations and practice suggestions and the latest legal references and statutory and procedural requirements.
Of particular significance are the change in regard to obtaining an order for prejudgment possession, the author's discussion of accurately describing property interests to be acquired and defining public use, leaseback obligations, the agency's obligation to offer to pay costs of an owner appraisal, and recent case law regarding the court's interpretation of the California Environmental Quality Act (CEQA) and its relation to the ability to maintain an eminent domain action.
The following topics are covered:
An overview of California's eminent domain law
The most common legal rules associated with the valuation of real property, private property condemnations, right to take, and just compensation
Assembling the required documents, maps, and legal descriptions, including project plans and environmental documents
Appraisals and the selection of an appraiser
Complying with CEQA, the California Environmental Quality Act
Machinery and equipment, and issues of goodwill valuation and relocation assistance
Preparing and making an offer to acquire property
Preparing and adopting a resolution of necessity supported by an adequate administrative record
Preparing eminent domain pleadings, the complaint, and the order of possession
How to avoid pitfalls that could make the acquisition process unnecessarily costly
Various recommendations for the successful acquisition of real property for public projects
