Unresolved Issues In Calexico Inverse Condemnation Ruling

Law360 (January 21, 2021, 5:46 PM EST) -- Public entities that need real property usually attempt to negotiate with the property owners and other interested parties.

If that fails, they may file an eminent domain action. They are counseled to name all potentially interested parties in the eminent domain complaint, including the property owner, any easement holders and lienholders, and usually businesses on the premises, especially if those businesses are impacted by the acquisition or have a leasehold interest in the property.

If an interested party is not named and does not appear in the condemnation lawsuit, it could later file an inverse condemnation action for the taking of...

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