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Material Facts Unknown to the Buyer/ Tenant

Recently, a non-disclosure case involving eminent domain was decided in favor of the landlord and its real estate agents (collectively the “Defendants”). Somehow the court gave Defendants a pass for not disclosing the government’s intentions of condemning a portion of the subject property to the entering tenants.  Nevertheless, it is always best for owners and agents to disclose all material facts not known by the other party in connection with the purchase and sale of residential or commercial real property, or a long-term commercial lease. Normally, an impending eminent domain proceeding is a material fact that landlords must disclose to potential tenants. Indeed, it is well-settled law in California that a property owner is under a duty to disclose material facts affecting the value or desirability

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Posted in Non-Disclosure

Compensation for Business Owners in Eminent Domain

It is well known that under eminent domain law, the owner of property acquired by eminent domain is entitled to compensation. In this blog post, we discuss the measure and elements of eminent domain compensation as it relates to business owners.   A landowner may not claim speculative or conjectural damages in an eminent domain proceeding. However, the law recognizes that in addition to the loss caused by the taking of the property, a business owner may also suffer losses incident to ownership of an ongoing small business, e.g. loss of goodwill. In light of the same, the legislature enacted a statute allowing for compensation of loss of business goodwill. Specifically, pursuant to Code of Civil Procedure § 1263.510, the owner of a business conducted

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Posted in Eminent Domain

Fair Market Value as Measure of Compensation for Eminent Domain

It is well settled that just compensation must be awarded for property taken pursuant to statutory provisions governing eminent domain. In this post, I discuss how fair market value is used to measure compensation. Generally, the measure of compensation is the fair market value of the property taken. (Civ. Code Proc. § 1263.310.) In situation where there is no relevant, comparable market, the fair market value of the property is determined by any method of valuation that is just and equitable. (Civ. Code Proc. § 1263.310(b).) The analysis of that value begins with a determination of the highest and best use of the condemned property. (City of San Diego v. Barratt American Inc. (2005) 128 Cal.App.4th 917.) A qualified appraiser typically performs this determination.  (See

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Posted in Eminent Domain

Eminent Domain: Just Compensation in California

At Schorr Law our attorneys have experience dealing with public agencies exercising the right to take property from private individuals via Eminent Domain.  The issue in these cases typically is the owner’s right to receive just compensation for the property.   Indeed, the Federal and State law of eminent domain allows the court to determine the amount of “just compensation” for taking real property whenever the defendant (the owner of the property) contents the amount of compensation. The standard for determining just compensation is to essentially place the owner in the same economic position the owner would have been had the property not been taken.  This necessarily involves a battle of expert appraisers to determine the highest and best use of the property.  Typically, there is

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Posted in Eminent Domain, Litigation

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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