Eminent Domain Question #1

AT WHAT POINT IN NEGOTIATIONS WOULD EMINENT DOMAIN BE OFFICIALLY IN ACTION?

The point in negotiations when I would consider an action in Eminent Domain would be after the entity has made sufficient attempts to negotiate with the owner. If negotiations with the owner prove to be futile whether the owner is unavailable, unresponsive or out of touch with respect to value or cause of action, Eminent Domain would officially be in action when the entity has filed for possession and posted money into court procedures based upon the backing of an appraisal report. At this time the owner could question the necessity of the project and whether the taking is in fact for a public use.
On numerous occasions I have been the negotiator between my client and the entity and have attempted to avoid Eminent Domain actions which are usually very costly and time consuming for all involved. An example where negotiations proved beneficial to all
was in 1985 when Cal Trans was widening I-80 for the new Hwy 65 bypass. My client’s home was located on Westwood Dr. in Rocklin and Cal Trans needed thirteen feet of her back yard. Mrs. Cox (my client) was confused at first about condemnation proceedings under the law of Eminent Domain. I read Cal Trans material and realized Mrs. Cox property was inevitably going for public use; however, under the laws of Eminent Domain just compensation is required and I advised Mrs. Cox of such. At this point it is important to understand that while the Eminent Domain proceedings are moving forward the actions can be stopped at any time when a mutual agreement is accepted. Mrs. Cox hired an attorney and her attorney asked me to appraise the value of the lost property. Cal Trans agreed with my analysis and both parties were able to reach a mutual agreement in negotiations and Eminent Domain actions were avoided.