Enforcing a Tenant Option to Purchase Under “Changed Circumstances”
Commercial leases sometimes contain an option allowing the tenant to purchase the property. If the option is properly exercised, an enforceable purchase and sale obligation is…
Eminent Domain: “Goodwill” Usually Belongs to the Tenant
In the world of eminent domain, compensation for “lost goodwill” is often a tricky and contentious issue. New opinions from the Court of Appeal addressing goodwill…
California Court Clarifies Recovery of Goodwill in Eminent Domain Cases
Goodwill is one of the trickier areas of eminent domain law. When a governmental agency takes private property through the exercise of eminent domain powers, the…
Notable Eminent Domain and Inverse Condemnation Cases from 2017 (and one from 2018)
Here are the cases that caught our attention from the universe of eminent domain and inverse condemnation during 2017 (and one case from January 2018). We…
Money and Dirt: Reviewing 2017
Here is a look back at some of the top real estate and secured lending developments from 2017 covered here at Money and Dirt: The 2016…
Valuation Of “Different” Property In Condemnation — Does a Developed Market Exist?
When real property interests are acquired by the power of eminent domain, the owner is entitled to receive “just compensation” in the form of fair market…
Notable Eminent Domain and Inverse Condemnation Cases from 2016
Here is a list of California’s appellate cases from 2016 in the eminent domain and inverse condemnation arenas that caught our attention: Property Reserve, Inc. v.…
Subdivision by Condemnation?
Does a condemnation proceeding resulting in the physical separation of property into separate parts accomplish a “division” of property within the meaning of California’s Subdivision Map…