Unanimous Court of Appeal Decision Rebuffs County of San Diego’s Attempt to Deny Owner State Constitutional Tax Benefits After Property is Taken by Eminent Domain In a published precedent setting decision handed down on July 18, 2014, the Court of Appeal held that a property owner is entitled to the full protection of Proposition 3… Read more »
Posts Tagged: Eminent Domain Attorneys
Property Reserve v. Superior Court: A Win for California Property Owners
In a pleasant surprise for property owners in California, the Third District Court of Appeal ruled last week in Property Reserve v Superior Court that the state must initiate eminent domain proceedings before it can drill and fill bore holes on private property. The issues in the case were fairly straightforward, but may have larger… Read more »
California Cities Can’t Avoid Constitutional Liability for A Taking by Dissolving their Redevelopment Agencies
For years local redevelopment agencies were the bane of private property rights in California. Until recently these agencies were clothed with the power to seize private homes through eminent domain and then give that property to private developers like Costco or Wal-Mart, all in the name of community development. That changed in 2011 when the… Read more »
California Cities May Soon Snub the Constitution by Seizing Underwater Mortgages an Overview by Sacramento Property Rights Lawyers
For many in California the 2008 housing crisis never ended. Currently, thousands of California homeowners are behind or struggling to make mortgage payments on homes that simply are not worth what they agreed to pay when they took out their mortgage. To accommodate these unfortunate circumstances, a distressing number of California cities are now contemplating… Read more »