Real Estate/Development,
Land Use,
Government
Apr. 25, 2022
Forced sale of public nuisance property not a taking
On appeal, the Court explained that while the government must pay when it takes private property, including a lien, there is a general exception that damages incurred through the use of the police power are non-compensable.
Bradford B. Kuhn
Partner and Chair of the Eminent Domain & Inverse Condemnation Group
Nossaman LLP
Phone: (949) 833-7800
Email: bkuhn@nossaman.com
When the government forces a property owner to sell private property, it is usually done through an eminent domain action (a direct taking), and the government is required to pay just compensation. But what if the forced sale is because the property is a public nuisance (for example, if the property is dilapidated and has code violations) – does that constitute a taking requiring the use of eminent domain? According to multiple Court of Appeal decisions, the answer i...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In