Inverse condemnation is a term used to describe a legal situation in which the government takes and/or damages private property using the power of eminent domain, but fails to pay the compensation that is required (according to the 5th Amendment of the Constitution)....
Month: July 2016
How to Challenge the Right to Take
The Constitution allows the government to "take" private property if it is needed in order to complete certain types of public projects. They do so through formal condemnation proceedings. Projects that can result in this type of action are widening of public...
What Happens if a California Property Has Environmental Contamination?
Environmental contamination is a serious problem throughout California. In fact, it's a serious problem throughout the nation. Not only does it pose dangerous health risks, but it has a decidedly negative impact on property values. One particular instance in which it...
Common Misconceptions About Eminent Domain
Eminent domain refers to the government's right to "take" private property in order to use it for a public project. Understandably, this concept sparks fear and anger amongst property owners who have been or feel that they may become affected. Yet the fear and anger...
What to Do If Your Property Suffers Subsidence Damage
What is Subsidence? Subsidence is the vertical down movement of the foundation of a building. The movement is caused by a loss of support beneath the foundations, in the ground.What is Subsidence damage? Subsidence (or the downward vertical movement of the foundation...
What is the California Environmental Quality Act?
The California Environmental Quality Act is a statute. This statute requires all state and local agencies to identify any significant environmental impacts of their actions. It also requires that they avoid these actions and mitigate negative environmental impacts of...
Eminent Domain Issues Related to the 710 Freeway Extension Project?
In May of 2015, the California Department of Transportation and the Metropolitan Transportation Authority held a public hearing to gather feedback from the community about potential environmental concerns related to the 710 Freeway extension project. In a report...
California Regulations on Indoor Air Quality
The quality of indoor air is vital for the comfort and health of tenants, workers, students, customers, etc. Poor indoor air quality (IAQ) has been connected to headaches, decreased ability to concentrate, fatique, eye, nose, throat and lung irritation, etc....
Property Management Amidst Conflicting Marijuana Laws
The conflict between federal and state marijuana laws continue to leave property owners and residents with differing opinions regarding appropriate use of California properties. It's a debate that will continue as the conflict is semi-new to with changing laws making...