Government,
Land Use,
Real Estate/Development
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
Nossaman LLP
Phone: (949) 833-7800
Email: bkuhn@nossaman.com
Chair of Nossaman's Eminent Domain and Valuation Practice Group, Bradford advises clients on all real property aspects of infrastructure and development projects. Mr. Kuhn represents public and private sector clients with real estate and business litigation matters, including eminent domain, inverse condemnation, land use/zoning, landlord/tenant, and construction disputes.
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...
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