Cal App: Nollan/Dolan Issues Impacting Eminent Domain Valuation Are Decided By The Jury
“Here’s a decision at the intersection of eminent domain valuation and unconstitutional exactions from the California Court of Appeal (Fourth District). In City of Perris v. Stamper, No. E053395 (Aug. 9, 2013) the court held that in a condemnation action, “issues surrounding the dedication requirement are essential to the determination of ‘just compensation’ and therefore must be “ascertained by a jury.'” Slip op. at 1.
First, some background. The city condemned a portion of Stamper’s industrially-zoned vacant land in order to realign and widen an adjacent road. Its deposit was based on the use of the land for agricultural purposes. But wait you say, the land was zoned industrial and even though it was vacant, when calculating compensaton, land is valued at its highest and best use. But get a load of the City’s valuation argument: – See more at: http://www.inversecondemnation.com/inversecondemnation/2013/08/cal-app-nollandolan-and-now-koontz-issues-impacting-eminent-domain-valuation-are-decided-by-the-jury.html#.dpuf”
Rayl, Rick and Brad Kuhn. inversecondemnation.com 12 August 2013.