Archive | Entry Statutes

Second Department Precludes Interior Appraisal Inspection

Recently, we blogged about a California case, Property Reserve, Inc. v. Superior Court, 224 Cal. App. 4th Dept 828 (2014), wherein the California Third District of Appeal ruled that entry statues which allowed discovery , testing, and inspection of property which was being considered in a condemnation proceeding were unconstitutional. The case was also the subject of a recent New York Law Journal article published on June 24, 2014. New York has very similar pre-condemnation entry authorizations in its Eminent Domain Procedure Law. The column noted that Property Reserve did not… read more

Posted in Condemnation Procedures, Eminent Domain Abuse, Entry Statutes, New York, Recent cases
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California Supreme Court Grants Review in Property Reserve Case

In our June 5, 2014 posting we reported a significant California Case, Property Reserve, Inc v Superior Court, 224 Cal. App. 4th 828 (2014). In Property Reserve, the Third District California Court of Appeal ruled that entry statutes are unconstitutional when the activities for which entry is sought constitute an intentional taking of property without the full protections offered by a condemnation action. For separate reasons, the Court of Appeal found that both the geological and environmental studies would effect a taking or intentional damage of property; thus the filing… read more

Posted in Eminent Domain, Eminent Domain Abuse, Entry Statutes, Future of the law
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